Copyright 2000 - 2003 - Janine M. Bork
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Union County, OR AGHP
CHAPTER XXX.
(1843.)
Agitation of the Question of Formation of Government - The "Wolf Meeting" - Committee of Twelve to Report a Plan for Protection of the Settlement - The Formation of a Government and Election of Officers - First Legislative Committee - Its Reports of an Organic Law - Division of the Territory into Districts - The People Approve the Organic Law - Boundaries of Territory.
DESPITE the failure of the experiment of '41, American settlers had not abandoned governmental organization. During 1842, they had invited the Canadians to unite with them in organizing a temporary government south of the Columbia river. British subjects, apprehensive that it might interfere with their allegiance, remained passive.
The experiment of '41 had originated with the Methodist Mission, or rather with its most prominent members. The idea was still so fostered by its leading members as to cause it to be regarded as a missionary movement. The agitation had more or less continued at Willamette Falls, now Oregon City. The lyceum selected questions for debate bearing upon political organization of the territory. The prominent citizens participated in the discussions. A resolution favoring provisional government had been zealously debated; and, by a large majority, such proposition had been pronounced inexpedient.
Among the leading citizens, some favored a government independent of both Great Britain and the United States, - a sort of Pacific Republic. Lansford W. Hastings, of the emigration of 1842 (afterwards distinguished as a judge in California), offered the resolution: "That it is expedient for the settlers upon the Pacific coast to establish an independent government." George Abernethy, Oregon's first governor, championed the opposite side. Warmly was the theme discussed, earnestly combated; but, by a large majority, that resolution was adopted. To check this incipient disregard for the Union, and national integrity, Abernethy introduced for the next debate:
"Resolved, that, if the United States extends its jurisdiction over this country within the next four years, it will not be expedient to form an independent government."
The discussion and decision were more patriotic, and a healthier American feeling appeared. This resolution, which breathed the sentiment, "Wait a little longer," passed by a large majority, and was really the index of the feeling of the American population. Those pioneers wanted no Pacific republic; and there and then was an end put to what has since been called by one of those early patriots, "the secession movement of Oregon." Happily it had embraced but very few; and the reign of disaffection was short-lived.
With the immigrants of '42, the Americans had become the majority of the white population of the Willamette valley. It was but natural that the Canadians should not desire to co-operate in a movement, the object of which necessitated their submission to law imposed by citizens of a rival nation, at a time when their own country and that rival
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were actually contending for title to the soil, the success of that contest depending materially upon the nationality of the actual settlers. Nor can those American settlers be criticised for an opinion leading them to hesitate to join in hurrying into existence a government designed to occupy only a portion of the territory, and in that portion to include only such residents or settlers who voluntarily accepted its authority. such was the mixed condition of affairs, the mixed allegiance of the settlers, the mixed opinions as to what was needed, and how the proper plan was to be consummated.
An avowed attempt to form a government would have arrayed the Canadian-French in opposition, - would have confirmed the doubting or conservative Americans into opponents. Those who opposed the movement because premature would have become its enemies if pressed to immediate action. Hence, the expedient was resort to of bringing together all classes, and uniting them in a movement in which all felt a common interest. It was hoped thus to pave the way for continuing mutual acts for the common benefit, possibly from time to time amplifying the duties of such co-operative association.
A notice was issued for a meeting on February 2, 1843, at the Oregon Institute, to consider the propriety of adopting measures for the protection of herds, and for the destruction of animals which preyed upon cattle, stock, etc. The ulterior purpose was a combination of settlers, - a co-operative association to concert measures for the formation of some kind of civil government. Dr. I.L. Babcock presided. William H. Wilson was chosen secretary. A committee consisting of William H. Gray, Alanson Beers, Joseph Gervais, William H. Wilson, G.W. Bellamy and Étienne Lucier were appointed to make arrangements for a general meeting, and to report business to such meeting. This done, the "Wolf Meeting," as it is known in history, adjourned to meet at the house of Joseph Gervais, on the first Monday in March.
On the 4th of March, the citizens of the Willamette held a general meeting at the house of Joseph Gervais. James A. O'Neil (of Captain Wyeth's party of 1834) was called to the chair. George W. Le Breton was elected secretary. The committee reported a series of of resolutions: 1. Declaring defensive and destructive war against wolves, bears and panthers, and such other animals as are known to be destructive to cattle, horses, sheep and hogs; 2. Designating predatory animals, and fixing a scale of bounties for their killing; 3. Bounties to be raised by subscriptions of settlers, to be paid to a treasurer. A treasurer having been elected, the "Wolf Association" had been organized. But the meeting did not adjourn. It then and there passed a resolution for the appointment of a committee of twelve "to take into consideration the propriety of taking measures for the civil and military protection of this colony." The organization committee of twelve consisted of Dr. I.L. Babcock, Dr. Elijah White, James A. O'Neil, Robert Shortess, Robert Newell, Étienne Lucier, Joseph Gervais, Thomas J. Hubbard, Charles McRoy, William H. Gray, Sidney Smith and George Gay.
That the outcome of that meeting
to form a "Wolf Association" would prove to be either the submission of
a plan of government, or a proposition to initiate the preliminary steps
to organize, had been public expectation. The Canadian-French had prepared
to enter a solemn protest, drafted by Rev. F.N. Blanchet, subsequently
Roman Catholic Archbishop of Oregon. The Canadian remonstrance was not
read at that meeting. It was handed to the secretary; but as no plan of
government was submitted, and the matter to which it referred was delayed
until the committee of twelve should report, it was laid on the table.
The committee of twelve designated May 2, 1843, at Champoeg, as the time and place "to consider the propriety of taking measures for the civil and military protection of the colony." On that day, at that place, in an open field, the pioneers of Oregon came together to perform that duty. Dr. I.L. Babcock presided. Messrs. Gray, Wilson, and Le Breton were secretaries. The committee reported a plan of organization, which, being submitted to the assembly, the motion to accept was about to be declared lost. Confusion and excitement succeeded, amid which George W. Le Breton demanded a division. He was promptly seconded by William H. Gray. Colonel Joe Meek, with that dash, which ever characterized him, realizing the situation, came forward and, assuming the lead, called out, "all in favor of the report follow me." The effect was magnetic. Meek's column marched to the right, while the opponents of organization filed to the left. The vote was close; but the report had been accepted, - fifty-two to fifty. The dissenters in a body withdrew, leaving the government party without further opposition.
The report was considered and adopted article by article, after which followed the filling of the offices which had been created. The plan necessitated a Supreme Judge with probate powers, a clerk of court or recorder, a sheriff, three magistrates, three constables, a treasurer, a major and three captains, and, finally, "a committee of nine persons to draft a code of laws, to be presented for approval to a public meeting to be held at Champoeg on the 5th day of July next."
A.E. Wilson was elected Supreme Judge, George W. Le Breton Clerk, and Joseph L. Meek Sheriff. The first legislative committee consisted of Robert Shortess, David Hill, Alanson Beers, William H. Gray, Thomas J. Hubbard, James A. O'Neil, Robert Moore, Robert Newell and William Doughty.
Several instructions of the Legislative Committee were passed: "That the sessions of the said Legislative Committee should not exceed six days; that no tax should be levied; that the office of governor should not be created; that the compensation of the Legislative Committee should be $1.25 per day; that the revenues of the territory should be contributed by voluntary subscriptions."
The meeting elected four magistrates, four constables, a major and three captains. It reorganized the officers elected at the primary meeting of the people of Oregon, validated the official acts of such officers, and continued them in office till July 5, 1843, at which time the officers-elect were to be installed.
The Legislative Committee gave evidence of earnestness and zeal, each member contributing a sum equal to the full amount of his services. Alanson Beers and Dr. Babcock each subscribed an amount equal to the aggregate pay of the committee. The Methodist Mission fitted up the building known as "the Granary," and allowed its use free of charge. The first legislative hall of Oregon was a story and a half frame, sixteen by thirty feet, with a square room in front, which had been used as a school, then as a church, and now as a capitol. Back of this hall and above stairs, it was used asa granary or storeroom; and hence the name of the building.
The first Legislative Assembly
of Oregon commenced its session May 16th, sitting four days, adjourned
to June 27th, and finished its labors upon that and the succeeding day.
Robert Moore was Chairman, and George W. Le Breton, Secretary. From this
committee emanated an organic law and articles of compact, which were ratified
July 5, 1843, by the people of Oregon in mass meeting assembled at Champoeg.
The preamble was as follows:
"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."
The first section of the organic law is prefaced by a provision for the division of the territory into districts, viz.: "For the purposes of temporary government, the territory shall be divided into not less than three nor more than five districts, subject to be extended to a greater number when an increase of population shall require." In accordance with such provision, the Legislative Committee reported a law recommending the establishment of districts, as follows:
"First District, to be called the TUALATIN DISTRICT, comprising all the country south of the northern boundary line of the United States west of the Willamette or Multnomah river, north of the Yamhill river, and east of the Pacific Ocean.
"Second District, to be called the YAMHILL DISTRICT, embracing all the country west of the Willamette or Multnomah river, and a supposed line running north and south from said river, south of the Yamhill river, to the parallel of forty-two degrees 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 territory not included in the other three districts.
"Fourth District, to be called the CHAMPOEG DISTRICT, and bounded on the north by a supposed line drawn from the mouth of the Haunchauke 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 forty-two degrees north latitude, south by the boundary line of the United States and California, and east by the summit of the Rocky Mountains.
"The above districts to be designated by the name of 'Oregon Territory.'"
The remainder of Section I contains a number of articles, constituting "the Articles of Compact among the free citizens of this territory, enunciating the principles of civil and religious liberty which constitute the basis of all laws and constitutions of government."
"No person demeaning himself in a peaceable or orderly manner shall ever be molested on account of his mode of worship or religious sentiments. The inhabitants shall always be entitled to the writ of habeas corpus and trial by jury, of a proportionate representation in the legislature, and of judicial proceedings according to the course of common law. All persons shall be bailable, unless for capital offenses, where the proof shall be evident, or the presumption great.
"Fines shall be moderate. Cruel and unusual punishments shall be prohibited. No man shall be deprived of liberty without due process of law. Property taken through public exigencies shall be compensated. No law should interfere with or affect private contracts or engagements, bona fide and without fraud. It is the duty of government to encourage religion, morality and knowledge, by aiding in the support of schools. The utmost good faith shall always be observed towards the Indians. Their lands and property shall never be taken from them without their consent. Their property, rights and liberty shall never be invaded nor disturbed, unless in just and lawful war authorized by the representatives of the people. Laws formed 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.
"There shall be neither slavery
nor involuntary servitude in said territory, otherwise than for the punishment
of crimes whereof the party shall have been duly convicted."
Section II provided as follows: The officers elected were continued in office till the annual election in May, 1844. The qualifications of electors were thus-defined: "Every free white male descendant of a white man, over twenty-one years of age, who was an inhabitant at the time of the organization of the government, and all emigrants of such description after six months' residence."
Executive power was vested in an executive committee of three, to be elected at the annual election, with authority to pardon and reprieve, to call out the military force of the territory, to see that the laws are faithfully executed, and to recommend laws to the Legislative Committee. Two of their number constituted a quorum.
Legislative power was vested in a committee of nine, apportioned to the districts in ratio of population, excluding Indians; the members to reside in the districts from which chosen, and to be elected at each annual election.
Judicial power was vested in a Supreme Court, consisting of a Supreme Judge and two Justices of the Peace; a Probate Court and Justice's Court; and the jurisdiction of said courts, both appellate and original, was defined and limited.
"The Legislative Committee recommend that a subscription paper be put in circulation to collect funds for defraying the expenses of the government, as follows: 'We, the subscribers, hereby pledge ourselves to pay annually to the treasurer of Oregon Territory the sum affixed to our respective names, for 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 Legislative Committee also recommended the passage of a militia law, and a law relating to land claims. The latter prescribed the manner of taking claims, and the requirements to be complied with to secure title: "No individual shall be allowed to hold a claim of more than one square mile, or 640 acres in a square or oblong form, according to the natural situation of the premises; nor shall any individual be able to hold more than one claim at the same time. Any person complying with the provisions of these ordinances shall be entitled to the same process as in other cases provided by law. No person shall be entitled to hold such a claim upon city or town lots, extensive water privileges, or other situations necessary for the transaction of mercantile or manufacturing operations: Provided, that nothing in these laws shall be so construed as to affect any claim of any mission of a religious character made prior to this time, of extent not more than six miles square."
A unique method of securing a complete code of laws is presented in the proceedings of the Legislative Committee. by a single, simple resolution, naming the edition of a certain publication, the work was effected: "Resolved, that the laws of Iowa, as laid down in the 'Statue Laws of the Territory of Iowa, enacted at the first session of the Legislative Assembly of said territory, held at Burlington, A.D. 1838-9, published by authority in Dubuque, Russel & Reeves, printers, 1839,' certified to be a 'correct copy' by William B. Convay, Secretary of Iowa Territory, be adopted as the laws of this territory."
These laws, this Organic Law,
these Articles of Compact, were submitted to a meeting of citizens at Champoeg,
July 5, 1843. The meeting was called to order by George W. Le Breton, Secretary
or Recorder of the committee. Dr. Babcock, the former president, not being
present at the commencement of the meeting, Rev. Gustavus Hines was called
to the chair. The report of the Legislative Committee met with little opposition,
except the article which provided for an executive committee. Among the
instructions to
the Legislative Committee, none were so decisively passed as the one against creating the office of governor. Mr. Hines denounced the action of the committee in disregarding the spirit of that instruction, and characterized the proposed triple executives as a hydra-headed monster, a repetition of the Roman triumvirate. Dr. Babcock, who had favored temporary organization, contended that this clothing the executive with such powers tended to permanent establishment, which was an ignoring of their true purposes as well as instructions. Gray, O'Neil, and Shortess defended the action of the committee, admitted that the instructions had not been strictly followed, but claimed that in the plan recommended they had avoided making the office of governor, and had supplied a council or senate to act, combining it with executive power. There were but few votes in the negative on this article. The report, substantially as made by the chairman (Hon. Robert Moore), was adopted with much unanimity.
David Hill, Alanson Beers and Joseph Gale were elected members of the Executive Committee. They, and the officers of the Provisional government of Oregon, that day took the oath of office, and entered upon the discharge of their duties as prescribed in the compact.
The Provisional government, republican in its form and essence, ahd been established. The American element had struggled hard to inaugurate it, and had at least triumphed. After its establishment, all classes contributed to the expense of carrying it on, and yielded a support which insured its success. Its inauguration marks the transition of Oregon to republican rule, to the submission to the will of the majority, to final Americanization. It is the monument of the wisdom of the Oregon Pioneers, the proof of their sagacity. It was the only means to neutralize an influence against which it could not have successfully contended, which, while it was paramount, retarded progress and defeated American enterprise.
What was the territory intended to have been comprised within the jurisdiction of the Oregon Provisional government, as established in 1843? In the creation of districts or counties, care is manifested to adopt language and designate as a north boundary of the northern districts the phrase, "Northern boundary of the United States." As they also use the qualified language, "west of the Willamette river," it is clear that the government recognized the then existing idea that the Columbia river might probably be under the Provisional government of 1843, was bounded north by the Columbia river. Under its administration, and before the reconstruction in 1845, no district was organized, no officer appointed, no land claim recorded in that vast portion of Oregon north of the Columbia river.