reinforcements from without. It was about this time that the naval
officer whom President Jackson had appointed, made a report which showed
the need of action. In the beginning of the new agitation of the
question, the Rev. Jason Lee, head of the Methodist missionary movement
in the Willamette Valley, appeared in Washington. He had performed the
long and dangerous journey across the plains, partly in the interests of
his mission and partly in the interests of settlement and a civil
government. Although a Canadian by birth, he early identified himself
with American interests as best adapted to the successful accomplishment
of his missionary enterprise. Although he had gone into the country in
the interests of the natives, he was soon convinced that their interests
would be served not alone by laboring with them, but by building up a
moral and religious community. He was the bearer of a petition to
congress from the colonists. It was signed not alone by those connected
with the mission, but by some of the French and Canadian ex-employees of
the Hudson’s Bay Company, who had started an agricultural settlement on
a beautiful tract of land called the French Prairie, in the Willamette
Valley. This document set forth the history of the mission settlement,
the prosperity which had attended it, the resources of the country for
agricultural purposes, the advantage of its position for trade with
China, and urged upon the United States the extension over it of a civil
government, both in the interests of the colonists and of the country at
large. It showed how the nucleus of a settlement was started; it dwelt
upon the previous dependence upon the Hudson’s Bay Company, a relation
which could not be expected to continue long in the changing conditions.
While in the east, Mr. Lee delivered lectures at various points, and
exhibited two Indian lads whom he had brought with him. In reply to
inquiries from Hon. Caleb Cushing, who led the debate in the house, and
who had been appointed upon a committee to make inquiries, he wrote a
letter containing these significant phrases. “The country will be
settled, and that speedily from some quarter, and it depends very much
upon the action of congress what that population shall be, and what
shall be the fate of the Indian tribes in that territory. It may be
thought that Oregon is of little importance, but rely upon it, there is
the germ of a great state. We are resolved to do what we can to benefit
the country, but we are constrained to throw ourselves upon you for
protection.”
Other petitions were also received from the colonists which were
stronger in their wording, exaggerating some things, and even making
representations which, because of too hasty conclusions, were
misrepresentations of the facts. They were, however, well adapted to be
of service in the struggle for results. Petitions were likewise received
from bodies of prospective emigrants, who asked for action by the
legislature in granting lands and in furnishing the protection of the
government. Memorials from Nathaniel J. Wyeth and Hall J. Kelley also
were presented to the house by Mr. Cushing, and gave information
concerning the physical and social conditions west of the Rockies. In
this second campaign the executive support was more conservative than
had been given by Monroe and Adams. It was the recommendation of
President Van Buren to congress, that garrisoned forts be established
along the route for the protection of emigrants, for he thought that the
gradual settling of this country would so far prepare the way for an
adjustment favorable to American interests, that the possession of the
country and the establishment of a civil government would be effected
without danger. The failure, likewise, of the conference of 1842 to
conclude the settlement of the northwestern boundary at the same time
that it fixed that in the northeast, was a great disappointment to the
people, who had been expecting some action. President Tyler felt it
necessary to offer an explanation in his message to congress in which he
referred to the fear of a protracted discussion, and the obstructions
that might have been put in the way of settling the northeastern
boundary by connecting it with a discussion of the northwestern.
This debate, like the previous one, was fraught with significant
results, and the gain was substantial. Although it had failed of its
immediate purpose, although it had been defeated in that body of
congress in which it might most naturally look for success, and although
the leader of the cause in the house, Hon. Caleb Cushing, counseled
delay, because of the danger of complications with England, the effects,
nevertheless, became apparent even before the debate was ended. Through
the suggestion of Mr. Lee, an immediate step in advance was taken. It
was decided that the government could, without violating the terms or
the spirit of the existing treaty, send some one who should act as an
agent of the government in dealing with the Indians, whose duty it
should be to make treaties with them and establish such relations as
would insure safety during the period of transition. This officer was to
bear only the title of sub-Indian agent, but it was suggested to the
colonists that his usefulness to them might be increased by entrusting
him with such additional authority as they thought fit to grant
voluntarily; that he might, if they so wished, act as a virtual governor
of the colony. It will readily be seen that this office, by virtue of
its indefiniteness, was one of peculiar difficulty. The effectiveness of
the plan was also considerably diminished by the appointment of a man,
Dr. Elijah White, who had previously been in the country and incurred
some enmities. He was, however, cordially received, and entered upon his
duties with hopefulness. The growing hostility of the Indians made
immediate and almost continuous exercise of his authority necessary, and
many treaties were made pledging the natives to respect the life and
property of Americans. The previous authority of the English company had
now to be shared with the American government, so far at least as Indian
affairs were concerned. Thus a step in advance had been taken toward the
realization of an American civil government, but it is questionable
whether divided authority in dealing with Indians tended to security of
life and property, especially where there was no means of enforcing the
obligations of treaty agreements. In the exercise of authority along
other lines, less success was experienced.
Another result was the sending of Lieutenant Charles Wilkes, Commander
of the Pacific squadron, upon a cruise along the coast, with
instructions to make investigations, and General John C. Fremont, to
examine the overland routes. Both of these men were officers in whom
confidence was reposed and whose opinions would have weight. The
government did not recognize the need of such urgency of action as the
people desired. It seems to have felt that its duty was discharged by
commissioning officers to investigate the condition of things, by
ordering an occasional vessel of war into the neighborhood, and by
sending a sub-Indian agent to prevent any depredations that the Indians
might be disposed to commit. It seems to have felt that the few
colonists already there were in no immediate danger of suffering injury,
if they used good judgment, while the natural barriers to emigration
would render additions to the population very slow.
Viewed from the standpoint of the colonists, however, everything was
different. The Indian agent, without military aid, could not render
effective service; Lieutenant Wilkes, because he was on friendly terms
with the officers of the English company, was thought to be too much
under their influence; session after session of congress was passing
away without any action for the establishment of military posts, or the
extension of civil government over the territory. It is but natural,
under the circumstances, that the colonists should take the matter into
their own hands, and do what the exigencies of the situation demanded.
The formation of the pioneer provisional government may be regarded,
therefore, as an example of the true American spirit, exhibiting a
resourcefulness equal to every emergency.
The origin of institutions is complex, and doubtless many motives
combined to bring this one into existence. Its purpose as expressed in
the organic laws, drawn up as the constitution of the state, was
declared to be: “Mutual protection, and to secure peace and prosperity
among ourselves.”[11] This general statement, however, probably sums up
a number of motives not specified. Most prominent among these were the
feeling of nationality, the love of a democratic type of government, the
desire for power to control the character of population that should come
in, anxiety to secure permanent titles to the lands taken up, equal
rights in the pursuit of the fur trade, protection from the Indians,
prevention of lawlessness among a mixed population, facilities for the
conduct of such business as growing numbers made necessary, and,
perhaps, in some cases, personal ambition to exercise authority.
The idea seems to have had its origin among the missionaries and
settlers in and about the Methodist mission station in the Willamette
Valley. Although the subject had been under consideration before, the
first effective step taken was in February, 1841, at the funeral of a
settler, who died without heirs, and for the administering of whose
estate there was no authority then in existence. A resolution was
passed, expressing the need of a civil government, and a call was given
for a general meeting to be held at the mission. At this meeting a
committee was appointed, consisting of the various elements into which
the community, though small, was divided, and was instructed to draw up
a plan of government and report at a specified time. A judicial officer
with probate powers, together with a sheriff and two constables to meet
immediate wants, were also appointed. Although an attempt had been made,
in the choice of the committee, to secure harmony, yet it never met to
fulfill its task. When the general meeting, therefore, assembled at St.
Paul’s church, the Catholic mission station, there was nothing to
report. The committee was reconstructed and a resolution passed to
submit the matter to Dr. McLoughlin and Lieutenant Wilkes before further
action was taken. As both of these men advised delay the matter was
dropped for two years.
The idea, however, was kept alive, and was the subject of discussion at
the meetings of a debating society at Willamette Falls, now Oregon City.
The subject was again formally suggested at a meeting held at the house
of one of the settlers, for the purpose of taking measures to protect
the cattle from wild animals. At the close of a series of resolutions
dealing with wolves, bears and panthers, was one calling attention to
the need of a civil government, and providing for a general meeting for
discussion and decision. The meeting was held as provided May 2, 1843,
at Champooick, between the present sites of Salem and Oregon City, and
was an occasion of great interest and excitement. Opinion had been
shaping itself on both sides, and the opposing views were fully
represented.
The principal cause for anxiety was the body of Hudson Bay ex-employees,
who were located in the valley. Most of them were French or Canadians,
Catholics, and largely under the influence of the English Company.
Although some of them were favorable to a government, the majority were
not, and their views are quaintly summed up in an address prepared for
presentation at a later public meeting. They objected to a provisional
government as too “self-interested and full of degrees, useless to our
power, overloading the colony instead of improving it.” They proposed in
its place a council, composed of men from all parts of the country “to
judge the difficulties, punish the crimes and make regulations suitable
for the people.” They regarded a militia as useless and “a danger of bad
suspicion to the Indians.” The country was considered as “free at
present, to all nations, till government shall have decided; open to
every individual wishing to settle, without distinction of origin, and
without asking him anything, either to become an English, Spanish or
American citizen.” There were also some general reflections to the
effect that, “The more laws there are, the more opportunity for roguery
for those who make a practice of it;” and “in a new country, the more
men employed and paid by the public, the less remains for industry.”
It was known that the vote was to be close. The Canadians had been
drilled to vote “no” on every proposition, and their strength was
determined in an amusing way, by moving a question to which they would
naturally have voted “yes.” When the question of having a government was
put to a vote the result was so close, that the chairman was in doubt. A
division of the house was called for, and at this critical point, Joseph
Meek, a typical frontier character, strode forward with the words:
“Who’s for a divide? all in favor of the report and of an organization,
follow me.” When the vote was counted, it was found to be in favor of a
government.
After this decision had been made there was still a difference of
opinion concerning the kind of government to be established. Some were
in favor of complete independence, while others wanted a provisional
government that should last until that of the United States should be
extended over the country. The English interests, unable longer to
prevent some action, now directed their influence toward securing an
independent government, under the protectorate of England, if possible,
and independent of the United States at any rate. The decision favored a
provisional government, and a committee of nine was appointed to draft a
plan to be submitted to the people at a meeting to be held at Champooick
on the fifth of July, 1843. This committee is of great importance in the
history of civil government in Oregon, because of the responsibility
which rested upon it, and because of the excellence of its work. Its
members were neither learned nor acquainted with the law, but they
possessed good judgment and common sense. Their meeting place was an old
barn belonging to the Methodist mission.
In the drawing up of their organ of government they very wisely adopted
the ordinance of 1787, making such changes as the peculiar local
conditions rendered necessary. There was, first, a bill of rights,
providing for freedom of religious belief and worship, the right of
_habeas corpus_ and trial by a jury of peers, proportionate
representation, judicial procedure according to common law, moderate
fines and reasonable punishment, encouragement of morality and
knowledge, maintenance of schools, good faith toward the Indian, and the
prohibition of slavery. There was, also, provision for the necessary
organs of government, a legislative branch, to consist of nine members,
elected annually; an executive branch, to consist of a committee of
three; and a judicial department, to consist of supreme and associate
judges, a probate judge, and justice of the peace. Provision was made
for subordinate officials, a battalion of soldiers, and grants of land
to settlers. On the appointed day the meeting convened at Champooick to
receive the report. It came, opportunely, on the day following our
national holiday. Although the general sentiment seems to have been
friendly to the movement, yet there was enough variety of opinion to
lend spice to the occasion. When the plan drawn up had been reported to
the people, its provisions were readily passed. The principal discussion
took place in regard to the executive. It had not been the purpose to
have any executive at all, on account of the rivalry for the
governorship, which unfortunately existed at a time when united action
was desirable. The committee, upon their own responsibility, had
recommended as a compromise an executive committee of three. Although it
was characterized by the opposition as a “hydra-headed monster,” and a
“repetition of the Roman Triumvirate,” it was finally accepted.
After the adoption of the organic laws, and the election of the
necessary officers, the government went into operation. It had no
provision for taxation, and its expenses had to be met by voluntary
subscription. It had no public buildings, and for a time had to meet at
private houses. It soon became apparent that there were defects in the
plan of government as at first adopted. It was found to be unfitted for
governing a community of any large number, or for any long period of
time. It had been prepared only for a temporary purpose, and only for a
short time. Its very imperfections, however, were virtues to those who
feared that a more perfect government would lead to independence from
the United States, which was an all-absorbing question among the
colonists and the basis of their party distinctions. As time passed,
however, and the United States took no action toward extending her
government over the colony, it became apparent that something must be
done to make the provisional government stronger and better fit to
endure a longer delay, and to govern more effectively the larger numbers
which were coming into the country. The first message of the executive
committee, therefore, contained the following words: “At the time of our
organization it was expected that the United States would have taken
possession of the country before this time, but a year has rolled
around, and there appears little or no prospect of aid from that
quarter, consequently we are yet left to our own resources for
protection. In view of the present state of affairs, we would recommend
to your consideration the adoption of some measures for a more thorough
organization.”[12]
The changes recommended were: Creation of a single executive in place of
a committee of three; increase in the number of representatives in the
legislative department; change in the judicial system, together with
changes in certain specific subjects more of the nature of statute than
fundamental law. The recommendation was followed and the changes were
made. This first session of the governmental body, indeed, was prolific
in legislation. Not only did it make these changes, but an act was
passed more exactly defining the jurisdiction of the government. In the
original plan it had been vague, and was by this act confined to the
region south of the Columbia River. Provision was likewise made for the
raising of revenue sufficient to carry on a more effective government,
and all who refused to pay their taxes were denied the right of suffrage
and the benefits which the government conferred. This was an effective
mode of winning the support of some who had stood aloof. Acts were
passed prohibiting the manufacture and sale of intoxicating liquors, and
negroes and mulattoes were excluded from the territory upon penalty of
whipping. It was the desire of the members of this first legislature to
call a constitutional convention for making the organ of government more
perfect and putting the changes already made into permanent shape. It
met with opposition, however, because of the fear that it might drift
into an independent government, toward which there was in many
directions a strong tendency.
The session of 1845 was made up largely of the American party, and these
men soon began the work of making what they refused to call a
“constitution,” but called a revised “compact,” to be submitted directly
to the people. The compact secured most of the changes already made,
drew a distinction between statute and fundamental law, was well worded,
and removed the vagueness of previous provisions. This was in accordance
with the sentiment which existed in the colony, and was, therefore,
adopted by vote of the people at a special election, July 26, 1845.
These changes were made possible by the greater legal talent which came
with the migrations of 1843 and 1844, and were made necessary by the
increase in population and the delays of the national government. For
three years longer the provisional government was in force, exercising
all the sovereign functions of government; and, before superseded, it
carried on a war with the Indians.
Thus came into existence that government which has been characterized by
one who was in a position to know as, “strong without an army or navy,
and rich without a treasury;” so effective “that property was safe,
schools established and supported, contracts enforced, debts collected,
and the majesty of the law vindicated.”[13] This is a judgment quite
generally endorsed by the oldest of the pioneers who look back to it
with pride and affection.[14]
The formation of the provisional government met with no opposition from
congress or the President. In fact, there is nothing to show that it
received any formal attention at all. It was, however, whether so
recognized or not, a long step in advance. All that the United States
government could wish to accomplish in securing an equal foothold in the
territory, was brought about without action on its part and without
complications that might have accompanied an extension of a United
States territorial government over the country, as provided by the
various bills. Every issue which the government itself could have
forced, was forced by the pioneers themselves. A permanent break was
made in the old order of things; the fur trading regime was forced to
give place to an agricultural civilization. The way was prepared for a
distinctly American government. The final settlement of the Oregon
question was made easier than it otherwise would have been; and a
splendid demonstration was given of the fact so often seen in the
history of nations, that crises are settled most effectually by the
people of the nation themselves. The English made an effort to adjust
themselves to the new conditions and preserve their old authority. But
their autocratic social machinery, which probably had been best fitted
for the period of the fur trade, was unable to cope with the democratic
provisional government in meeting the needs of an agricultural
settlement. It was the passing away of one type of social order as the
conditions themselves changed, a fact well verified by the cordial
support the new order of things received from many who had opposed its
formation.
The effect of the change upon the Indian people was more serious. The
passing away of the old was fraught with great significance to them. The
entrance of the new meant the gradual loss of their lands and the
changing of their habits of wilderness existence. It was not long ere
the new government found itself involved in difficulties growing out of
these conditions, with which it was not able to grapple alone. When the
time of greatest need drew near, however, it was possible to take
another step in the gradual development of civil government, as it was
necessary for the national government to take some steps in the
protection of its citizens against the Indians. The events which led up
to, and which made possible this result, so long struggled for, are as
romantic and stirring as anything that has ever occurred in our history.