In the course of the discussion, Linn’s policy had received many

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.

The quarterly of the Oregon Historical Society, Vol. 1, No. 1, March, 1900 · 第 2 / 8 段