Copyright 2000 - 2003 - Janine M. Bork
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Union County, OR AGHP
CHAPTER XXVIII.
(1841.)
Abortive Effort to Form a Provisional Government - The United States Exploring Expedition - Captain Wilkes, United States Navy - First Fourth of July on Puget Sound - The Red River Colony to Puget Sound.
THE residents of Oregon, though few in number, had already become divided into parties, in the main influenced by nationality. British subjects were uniformly dependent upon the Hudson's Bay Company, in fact, were generally in its employ. The Canadian-French south of the Columbia river, with few exceptions, were its discharged servants. They had come under articles which guaranteed that they should not be discharged in the Indian country. At the end of their service, they were to be returned to their former homes. To avoid the non fulfillment of such obligation, and to retain such class in the country, though relieved from service, they continued to be borne upon the company's books, as much under their control as before discharged, and fully as loyal to the company and its officers.
In the Willamette valley, the Methodist Mission constituted the nucleus around which rallied the American population. As yet there were no American settlers north and west of the Columbia river. The Protestant Missions in the interior were completely isolated from the Willamette settlements.
The Hudson's Bay Company reigned supreme north of the Columbia; south of that river, the Canadian-French owed it allegiance. Over the American and independent settlers, the mission exercised control. Each had its system of discipline; its programme of dealing with the natives; its mode of treatment of, and intercourse with, those independent of its organization. Those two recognized elements of authority, those two governing influences, had rendered unnecessary the establishment of any other governmental agency. Had all the inhabitants been connected with one or the other of those establishments, been amenable to the discipline of one or the other of those organized agencies, no necessity would have invited further restraint than that imposed in the relation of employer.
The death of Ewing Young, an independent settler, in February, without kindred, was an event of interest to the infant settlement. Not connected with either the mission or the company, possessor of considerable property, how was that property to be distributed? By whom was his estate to be settled? To whom was its management to be intrusted? Such an event naturally suggested the utility, not to say the absolute necessity, of laws, - of legislatures to make them, of courts to administer them, and of a government to enforce their due observance. After his burial, those who had attended the funeral improvised a meeting to confer upon the situation. A committee was selected, from whom emanated the call for the "Primary Meeting of the People of Oregon."
That pioneer political convention assembled on the 17th of February, 1841, at the American Mission House. Rev. Jason Lee presided, Rev. Gustavus Hines acting as secretary. Its purpose: "Consultation concerning the steps necessary to be taken for the formation of laws, the election of officers to execute the same, and for the better preservation of good order."
No residents north of the Columbia participated. A resolution had been adopted, "That all settlers north of the Columbia river, not connected with the Hudson's Bay Company, be admitted to the protection of our laws on making application to that effect." The residents south of the Columbia river, of every nationality, all north of the river, except those connected with the Hudson's Bay Company, could, by application, become a part of the said government. This exclusion of those connected with the Hudson's Bay Company, this condition that residents north of the Columbia should make application, should not be attributed to a spirit of proscription by American settlers. It was rather the recognition of that prevailing sentiment, that faith steadily inculcated by the officers of the Hudson's Bay Company, - that the Columbia river would be the ultimate boundary line between the United States and Great Britain.
North of the Columbia, the company's occupation was as exclusive, its jurisdiction as complete, as though the region were a recognized part of the Hudson's Bay Territory. Under the provisions of an act of Parliament of July 2, 1821, entitled, "An act of establishing a criminal and civil jurisdiction within certain parts of North American," officers of the company had been commissioned justices of the peace; the jurisdiction of the courts of Canada has been extended to the Pacific; british subjects who contemned the company's authority, who were unruly or lawless, or who ignored the exclusive license of trade, could be tried by such justices, and punished or sent to Canada for trial. Hence, north of the Columbia, there wa no necessity for additional law. The company's discipline was all-sufficient to regulate its officers, employés and servants. The act of Parliament conferred authority to prevent the intrusion of British subjects; to assure respect of the company's authority; affixed punishment by forms of statute law when the discipline of the company proved inefficient. By that statute, Great Britain had extended British law over the whole of Oregon. It had really clothed the company with ample jurisdiction over every British subject within the territory. North of the columbia river was practically a British province.
Agricultural settlement by Americans south of the Columbia had not been opposed by the company's officers at Fort Vancouver; but, to the Willamette valley, such settlement had been restricted. Thoroughly aware of their utter inability to destroy the exclusiveness of the company's sway north of the river, this resolve must be only construed as an intended declaration of non-interference. It recognized the situation; but, with true American welcome, those government-builders would receive such as applied for protection. by such resolution, the settlers only conceded that the company already enjoyed, north of the river, what the American settlers needed in the Willamette valley.
On the 17th, but few attending,
the meeting adjourned. On the 18th, almost the entire population of the
Willamette valley were present. Protestant and Catholic American and Canadian-French,
missionary and layman, alike attested the popular interest. Rev. David
Leslie presided. Rev. Gustavus Hines and Sidney Smith were secretaries.
One committee was appointed to nominate officers of the newly formed colony,
another to draft a constitution and code of laws. While this project was
inaugurated and mainly urged
by the Methodist Mission, yet an inspection of the names of the committee demonstrates that the effort was made to conciliate every interest, to recognize every class, every sect, every nationality.
The same policy was manifested in selecting officers. There was a scrupulous regard for all the elements of that little community, - that no one should be ignored, that each should be represented.
The meeting adopted the report of the nominating committee, thereby electing Dr. I.L. Babcock Supreme Judge with probate powers; George W. Le Breton, Recorder; William Johnson, Sheriff; three justices of the peace and three constables. Until the committee should report a constitution and code of laws, Judge Babcock was instructed to act according to the laws of New York. The best of feeling prevailed, all seemed animated with the same idea, and the meeting adjourned until the first Tuesday in June.
At the adjourned meeting, Rev. David Leslie presided, with the same secretaries as at the primary meeting. The committee to draft a constitution and a code of laws were called upon to report. Rev. F.N. Blanchet, chairman, responded that the committee had held no meeting, and that no report had been prepared. At his request, he was relieved from the committee. Dr. William J. Bailey was substituted.
The committee were instructed to meet on the first Monday in August. The first Monday in October was designated as the time to receive and act upon the constitution and code of laws. They were also instructed to confer with Captain Charles Wilkes, United States Navy, commander of the United States exploring expedition, then in the Columbia river, and with Dr. John McLoughlin, Chief Factor of the Hudson's Bay Company and executive officer of its affairs west of the Rocky Mountains.
The meeting, by the reconsideration of the vote adopting the report of the nominating committee, had annulled the election of officers. A resolution was then passed, "That the committee to draft a constitution and laws be instructed to take into consideration the number and kind of officers it will be necessary to create in accordance with the 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."
The anxiety to form a government, which had manifested itself at the February meeting, had grown into indifference at the meeting in June. Rev. F.N. Blanchet's declination to serve upon the committee, the resolution to consult Chief Factor McLoughlin and Captain Wilkes, were all indicative of intended abandonment of the project. The settlers, by their first resolution, had conceded that the Hudson's Bay Company could have no real desire to aid in establishing a government; the retirement of Blanchet was evidence that the Canadian-French were not ready for the imposition of laws. Captain Wilkes, a commissioned officer of the United States government, could not officially advise such a project in the face of the Joint-Occupancy Treaty; neither could he countenance the formation of an independent state or community on the shores of the Pacific. The June meeting having undone all that had been effected in February, then completed necessary arrangements by which this first attempt to establish a government in Oregon should be nipped in the bud.
The American members of that committee, in obedience to instructions, called upon Captain Wilkes.
Before this interview with the
committee, the Rev. Mr. Blanchet, in charge of the Catholic mission near
Champoeg, had been visited by Captain Wilkes. In that visit,
Mr. Blanchet "spoke much about the system of laws the minority of the settlers were desirous of establishing, but which he had objected to, and advised his people to refuse to co-operate in; for he was of opinion that the number of settlers in the Willamette valley would not warrant the establishment of a constitution; and, as far as his people were concerned, there was certainly no necessity for one, nor had he any knowledge of crime having been yet committed." Captain Wilkes remarks: "From my own observation, and the information I had obtained, I was well satisfied that the laws were not needed, and were not desired by the Catholic portion of the settlers. I therefore could not avoid drawing their attention to the fact, that, after all the various offices they proposed making should be filled, there would be no subjects for the law to deal with. I further advised them to wait until the government of the United States should throw its mantle over them" (1).
The adjourned citizens' meeting was never held. Thus fell, still-born, that first and premature attempt to establish a government in Oregon.
The reference to Captain Wilkes renders unnecessary the statement that Oregon was visited this year by the United States exploring expedition, commanded by that distinguished officer of the United States Navy. As appears by the instructions of the Navy Department:
"Entirely divested of all military character, its objects were altogether scientific and useful, intended for the benefit equally of the United States and all the commercial nations of the world." In assigning officers, the President did not select from senior ranks of the navy, nor according to grade of service. Lieutenant Charles Wilkes was appointed chief; and Lieutenant William L. Hudson, though superior in rank, was selected second in command. The instructions of Hon. James K. Paulding, Secretary of the Navy, bear date August 11, 1838:
"The Congress of the United States, having in view the important interests of our commerce embarked in the whale fisheries, and other adventures in the great southern ocean, by an act of the 18th of May, 1836, authorized an expedition to be fitted out for the purpose of exploring and surveying that sea, as well to determine the existence of all doubtful islands and shoals as to discover and accurately fix the position of those who lie in or near the track of our vessels in that quarter, and may have escaped the observation of scientific navigators."
Having in general terms indicated the order in which the voyage should be pursued, and designating the lands and seas to be explored, the squadron was to rendezvous at the Sandwich Islands.
"Thence you will direct your course to the northwest coast of America, making such surveys and examinations, first of the territory of the United States and seaboard, and of the Columbia river, and afterwards along the coast of California, with special reference to the Bay of San Francisco, as you can accomplish by the month of October following your arrival."
* * * * *
"Although the primary object of the expedition is the promotion of the great interest of commerce and navigation, yet you will take all occasions, not incompatible with the great purposes of your undertaking, to extend the bounds of science and promote the acquisition of knowledge. For the more successful attainment of these, a corps of scientific gentlemen, consisting of the following persons, will accompany the expedition:
(1) Wilkes' Exploring Expedition,
Vol. IV, page 352.
"Horatio Hale, philologist; Chas. Pickering, naturalist; T.R. Peale, naturalist; Joseph P. Couthouy, conchologist; James P. Dana, mineralogist; William Rich, botanist; Joseph Drayton, draughtsman; J.D. Breckenridge, horticulturist." Of the scientific corps, Professor Couthouy was detached at Honolulu in the fall of 1840. The exploring squadron was composed of the Vincennes, sloop-of-war, 780 tons, Lieutenant Charles Wilkes, U.S.N., commanding; Peacock, sloop-ofwar, 650 tons, Lieutenant W.L. Hudson, U.S.N.; ship Relief, Lieutenant A.K. Long, U.S.,; brig Porpoise, Lieutenant Cadwalader Ringgold, U.S.N.; tender Sea Gull, Lieutenant Reid, U.S.N.; tender Flying Fish, Lieutenant Knox, U.S.N. The ship Relief had been sent home from Callao. The tender Sea Gull was lost in May, 1839. The squadron, before it had reached the Oregon coast, had been reduced to the ships Vincennes and Peacock, and the brig Porpoise and the tender Flying Fish.
The Vincennes and Porpoise had anchored on the 28th, in a small cove on the west side of an inlet, opposite the south end of Whidby Island, to which Captain Wilkes gave the name of Pilot's Cove. On the 11th, the vessels reached their anchorage off Fort Nisqually, and were heartily welcomed by Alex C. Anderson, Esq., in charge of the fort, and by Captain McNeil, in command of the steamer Beaver, then undergoing repairs.
At Nisqually, Captain Wilkes initiated operations. The Porpoise, with two of the Vincennes' boats, under Lieutenant Ringgold, surveyed Admiralty Inlet. The launch, first cutter and two boats of the Vincennes, under command of Lieutenant Case, surveyed Hood's Canal. A land party, to explore the interior, was assigned to Lieutenant Johnson, and was accompanied by Dr. Pickering and Mr. Breckenridge. Eighty days were allowed to cross the Cascade Mountains, to go as far as Colvile, and south to Lapwai Mission, thence to Walla Walla, and return via the Yakima river, across the Cascade Range, to Fort Nisqually.
The other land party consisted of Captain Wilkes, Purser Waldron, Mr. Drayton and two servants, two Indians and a Canadian guide, with four pack horses. This party crossed to the Columbia river, thence to Astoria, thence to Fort Vancouver. The Willamette settlements were visited. It had been the intention to go up the Columbia to Fort Walla Walla. At Astoria, Captain Wilkes had expected to meet the Peacock; and, by means of her boats, the Columbia river was to have been surveyed. Disappointed by the failure of tidings from the Peacock, Captain Wilkes rejoined the Vincennes at Nisqually on the 16th of June.
Fourth of July, 1841, was the first celebration of our nation's birthday on Puget Sound. Captain Wilkes thus describes that interesting occasion:
"Wishing to give the crew a holiday
on the anniversary of the declaration of our independence, and to allow
them to have a full day's frolic and pleasure, they were allowed to barbecue
an ox, which the company's agent had obligingly sold me. They were permitted
to make their own arrangements for the celebration, which they conducted
in the following manner. The place chosen for the purpose was a corner
of the Mission prairie. (This was he prairie upon which Dr. Richmond and
Mr. Wm. H. Wilson had established the Puget Sound Missionary Station.)
Here they slaughtered their ox and spitted him on a sapling supported over
the fire, which was made in a trench. The carcass could thus be readily
turned; and a committee of the crew was appointed to cook him. Others were
engaged in arranging the amusements. All was bustle and activity on the
morning of the 5th, as the 4th fell upon Sunday. Before nine o'clock, all
the men were mustered on board in clean white frocks and trousers, and
all, including the marines and
music, were landed shortly after, to march to the scene of festivity, about a mile distant. The procession was formed at the observatory, whence we all marched off, with flags flying and music playing, Vendovi and the master-at-arms bringing up the rear. Vendovi was dressed out after the Fiji fashion. * * * Two brass howitzers were also carried on the prairie to fire the usual salutes. When the procession reached Fort Nisqually, they stopped, gave three cheers, and waited, sailor-like, until it was returned. This was done by only a few voices, a circumstance that did not fail to produce many jokes among the seamen. On reaching the ground, various games occupied the crew, while the officers also amused themselves in like manner. At the usual hour, dinner was piped, when all repaired to partake of the barbecue. By this time the Indians had gathered from all quarters, and were silently looking on at the novel sight, and wistfully regarding the feast which they saw going on before them. At this time the salute was fired, when one of the men, by the name of Whitborn, had his arm most dreadfully lacerated from the sudden explosion of the gun. This accident put a momentary stop to the hilarity of the occasion. The would was dressed as well as it could be, and a litter was made on which he was at once sent to the ship. Men-of-war's men are somewhat familiar with such scenes; and, although this accident threw a temporary gloom over the party, the impression did not last long; and the amusements of the morning were now exchanged for the excitement of horse-racing, steeds having been hired for the purpose from the Indians. At sunset they all returned on board in the same good order they had landed. The rejoicings ended, the surveying party was again dispatched to complete the survey of Puget Sound."
On the 27th, while engaged in the examination of the Archipelago de Haro, Captain Wilkes received letters from Fort Nisqually advising him of the loss, on the 18th, of the ship Peacock on the Columbia bar.
The loss of the Peacock rendered necessary a material change of Captain Wilkes' operations. He transferred his pennant to the brig Porpoise, and with that vessel, the Flying Fish and the boats of the Peacock, surveyed the Columbia river to its extreme navigable point. Lieutenant Ringgold was transferred to the Vincennes, which ship, with the late officers from the Peacock, was ordered to San Francisco to survey the Sacramento river. Fortunately, the brig Thomas H. Perkins, Captain Varney, from Boston, was then at Astoria. She had been chartered by Dr. McLoughlin, but he released the vessel, and Captain Wilkes purchased her. After the necessary alterations, she became the Oregon, and was assigned to the command of Lieutenant Carr.
In accordance with instructions of the Navy Department, all the exploring parties having completed their duties in Oregon, by the 28th of October, 1841, had reported to Captain Wilkes in San Francisco.
In August, 1841, Sir George Simpson,
Governor of the Hudson's Bay Company Territory, then making an overland
journey round the world, visited Oregon Territory. On the 1st of September,
accompanied by Governor James Douglas, chief factor Hudson's Bay Company,
he took leave of Captain Charles Wilkes, and the officers of the United
States exploring expedition, then at Fort Vancouver, engaged in surveying
the Columbia river. Sir George was starting for Fort Nisqually, where the
steamer Beaver, Captain William McNeil, awaited to convey him to
Sitka. Forty-eight hours in the Hudson's Bay Company's bateau brought the
party to the Cowlitz farms on the Puget Sound Agricultural Company. Here
is Sir George Simpson's picture of Cowlitz and Nisqually in the fall of
1841:
"Between the Cowlitz river and Puget Sound, a distance of about sixty miles, the country, which is watered by many streams and lakes, consists of an alternation of plains and belts of wood. It is well adapted both for tillage and pasturage, possessing a genial climate, good soil, excellent timber, water power, natural clearings and a seaport, and that, too, within reach of more than one advantageous market. When this tract was explored, a few years ago, the company established two farms upon it, which were subsequently transferred to the Puget Sound Agricultural Company, formed under the company's auspices, with the view of producing wheat, wool, hides and tallow, for exportation. On the Cowlitz farm there were already about a thousand acres of land, under the plough, besides a large dairy, and an extensive park for horses and stock; and the crops this season amounted to eight or nine thousand bushels of wheat, four thousand of oats, with a due portion of barley, potatoes, etc. The other farm wa son the shores of Puget Sound (Nisqually Plains); and, as its soil was found to be better fitted for pasturage than tillage, it had been appropriated almost exclusively to the flocks and herds. So that now, with only two hundred acres of cultivated land, it possessed six thousand sheep, twelve hundred cattle, besides horses, pigs, etc. In addition to these two farms, there was a Catholic mission, with about one hundred and sixty acres under the plough. There were also a few Canadian settlers, retired servants of the Hudson's Bay Company; and it was to the same neighborhood that the emigrants from Red river were wending their way."
The purpose of that emigration was occupancy by colonization. It was an earnest exhibit of British policy, but more especially of the Hudson's Bay Company, to establish British agricultural colonies in Oregon north of the Columbia river, the better to assure retention of that region. It had become manifest that the ultimate settlement of the question of boundary between the United States and Great britain might depend upon occupancy of the soil by actual settlers. The company engaged in this scheme of colonization, because by its license of trade it was restricted from acquiring and holding lands; its rights were merely possessory. It was a mere tenant for a term of years, not a settler. As an inducement to settlement, each head of a family had been guaranteed, on arriving, the use and increase of fifteen head of cows, fifteen ewes, the necessary work oxen or horses, house and barn accommodations. The colonist were from "the Red River Territory, which had been granted in 1811 by the Hudson's Bay Company to Lord Selkirk. The population consisted of Canadians, Orkneymen and Scotchmen and their mixed descendants. The half-breeds of every stock generally derived their aboriginal blood from the swampy Crees, who are allowed to be the most comely of all the native tribes, and who have, during the lapse of two or three ages, picked up something of civilization at the company's oldest posts."
On the 15th of June, 1841,
twenty-three families, under the leadership of Captain James Sinclair,
a clerk in the Hudson's Bay Company's service, left Manitoba, Red River
territory, for Puget Sound. They had started twenty-eight days earlier
than Sir George Simpson; and he and his little party overtook them on the
sixteenth day out from Port Garry. Says he;: "These emigrants consisted
of agriculturists and others, principally natives of Red River settlement.
There were twenty-three families, the heads being young and active, though
a few of them were advanced in life, more particularly one poor woman upwards
of seventy-five years of age, who was following after her son to his new
home. As a contrast to this superannuated daughter of the Saskatchewan,
the band contained several very young travelers, who had, in fact, made
their appearance in this world since the commencement of the journey. Beyond
the inevitable detention which seldom exceeded
a few hours, these interesting events had never interfered witht he progress of the brigade; and both mother and child used to jog on, as if jogging on were the conditin of human existnece.
"Each family had two or three carts, together with bands of horses, cattle and dogs. The men and lads traveled int he saddle, while the vehicles, which wre covered witha wnings against the sun and rain, carried the women and young children. As they marched in single file, their cavalcade extended above a mile in length; and we increased the length of the column by marching in company. The emigrants were all healthy and happy, living in the greatest abundance, and enjoying the journey with the highest relish. Before coming up to these people, we had seen evidence of the comfortable state of their commissariat in the shape of two or three still warm buffaloes, from which only the tongue, and a few other choice bits had been taken.
The train traveled along up the Bow river (south branch of the Saskatchewan), and crossed the Rocky Mountains at the confluence of two of the sources of the Saskatchewan and Columbia rivers near Fort Kootenais, at an altitute of 8,000 feet. They left their carts on the east side at an abandoned post called the Mountain House. Treacherously deserted at Bow river by their guide, a half-breed of some education, they providentially met a Cree Indian, Bras Croche, who guided them through an excellent pass in the mountains, and continued with them to Nisqually. On the 5th of August, they crossed the summit of the Rocky Mountains and reached Fort Walla Walla on the 4th of October. That night, or on the morning of the 5th, the fort took fire and was entirely consumed. These emigratns assisted in moving the stock and effects; and by their opportune presence most of the property was saved. One of the party had returned to Fort Edmonton, another switched off to California, and several families stopped at the Cowlitz farm. Thirteen families arrived on the 8th of November at Fort Nisqually, where they remained during the winter.
Complaints were made by the colonists
that the company failed to comply with their contract. But one or two remained
at Nisqually Plains; two or three families only stopped at theCowlitz.
This was the only attempt made by the Puget Sound Agricultural Company
to make settlements int he territory north and west of the Columbia river.
The scheme to establish agricultural colonies upon Puget Sound from Red
river proved a failure.