steps in the development of civil government, we need, first, to note
the effect produced by the treaty of 1842, which settled the
northeastern boundary. That annoying question, which had been under
dispute so long, had, by virtue of the anxious desire to reach a
conclusion, done much to retard the settlement of other questions of
difference, particularly that of the northwestern boundary. But, now
that the settlement had been reached, the way was clear for attention to
this question by itself, and freed from its bearing upon other issues.
Such a condition of affairs is surely a significant one in the
development of our subject. Its immediate importance was, of course,
connected with the boundary question; but the extension of a civil
government was waiting upon that, and its fate inseparably connected
with it. In his message of December, 1842, while explaining the omission
of a settlement from the treaty just concluded, Tyler manifests
something of the freedom gained, in a bolder statement than had appeared
from the executive department for many years: “The territory of the
United States, commonly called the Oregon Territory, lying on the
Pacific Ocean, north of the forty-second degree of latitude, to a
portion of which Great Britain lays claim, begins to attract the
attention of our fellow citizens, and the tide of population, which has
reclaimed what was so lately an unbroken wilderness, in more contiguous
regions, is preparing to flow over those vast districts which stretch
from the Rocky Mountains to the Pacific Ocean. In advance of the
acquirement of individual rights to those lands, sound policy dictates
that every effort should be resorted to by the two governments to settle
their respective claims.”
While the colonists were urging on the formation of the provisional
government, and the national policy was pervaded by the greater freedom
shown in Tyler’s message, another influence was brought to bear toward
the accomplishment of the result. It was in the spring of 1843 that Dr.
Marcus Whitman, head of the Presbyterian and Congregational mission at
Waiilatpu, near the present site of Walla Walla, appeared in Washington.
He had made the long and dangerous journey in the winter season, when
hardy mountain trappers would scarcely dare to try it. Almost frozen by
the cold, and nearly lost in the blinding snow storms, he finally
reached his destination. This heroic journey was made partly in the
interests of his mission work, and partly to awaken such interest in the
country that immigrants would come, and that the government would
protect them in their coming. Although, before this time, he had been
attentive to his work among the Indians, and, by reason of the location
of his mission, had been compelled to exercise caution and reserve, yet
he was always an ardent admirer of American institutions and looked
forward to their final extension over the country. He was a quiet yet
earnest advocate of the provisional government, and was fully aware of
the means by which further results were to be secured. The gradual
settlement of the country by industrious and moral people, a strict and
friendly observance of the terms of the treaty, a self-imposed system of
government suited to existing needs, a final settlement of the boundary
that would preserve the territory that rightly belonged to the United
States, and a final incorporation into the nation when possible, would
seem to express his position.
Both among the colonists and in the east the feeling was prevalent that
in settlement rather than in congressional action lay the issue of the
Oregon question. Heroic work had been done in congress, and heroic work
was being done by the colonists themselves. There were indications,
also, that the English were awake to the importance of settlement.
Already they had a number of Canadian and French ex-employees of the
company in the valley of the Willamette; a body of emigrants had just
come to the country around Puget Sound, and various rumors were afloat
of settlement on a larger scale. As the success of the Americans’ hopes
rested now on settlement, this was, indeed, a critical moment for the
advocates of provisional government and the final extension of the
institutions of their native land. It was a time for heroic action, and
the journey of Marcus Whitman will always be named as one of the most
significant, as well as romantic events in the history of civil
government in Oregon.
Such an ambassador could not fail of a hearing, and conferences were
held both with the President, John Tyler, and the Secretary of State,
Daniel Webster. Dr. Whitman emphasized the value of the country, and
what was more significant, the possibility of reaching it by wagon. Any
abandonment, however, of the Oregon cause beyond a reasonable
compromise, seems scarcely possible to one who has traced the
government’s relation to the question from the beginning. And even such
a compromise would seem uncalled for, when the northwestern boundary
question stood by itself freed from other objects. Some of the friends
and associates of Dr. Whitman, however, are authority for the statement
that some such sacrifice was in contemplation and had practically been
made before his appearance in Washington. If the evidence that comes to
light confirms the advocacy of such a policy by Mr. Webster, it would
have been a surprise to every one, and would have met a storm of
opposition when made public, and could hardly have been ratified, in
view of the fact that popular interest had never been greater,
presidential support never more hopeful, and the records and traditions
regarding the boundary line had never considered seriously any
settlement below the forty-ninth degree of latitude.
Upon his return west in 1843, Mr. Whitman wrote to the Secretary of War
an account of his journey, and the emigration that had gone west that
year. It was the first large emigration, numbering about one thousand
people, and had been guided through the mountains by Dr. Whitman, making
the entire journey by wagon. Accompanying this letter was the draft of a
bill providing for the establishment of forts at various points along
the route for the protection of further emigration. This seems to have
been done in accordance with an understanding, reached during his stay
at Washington, and marks the policy of the government until the end was
reached.
The succeeding messages of President Tyler are firmer in their tone and
give more space to the subject. In the message of December, 1843, he
said: “After the most rigid, and, as far as practicable, unbiased
examination of the subject, the United States have always contended that
their rights appertain to the entire region between forty-two degrees of
latitude and fifty-four degrees and forty minutes. * * * In the meantime
it is proper to remark that many of our citizens are either already
established in the territory, or are on their way thither for the
purpose of forming permanent settlements, while others are preparing to
follow; and, in view of these facts, I must repeat the recommendations,
contained in previous messages for the establishment of military posts
at such places along the line of travel as will furnish security and
protection to our hardy adventurers, against hostile tribes of Indians,
inhabiting those regions. Our laws should also follow them, so modified
as the circumstances may seem to require. Under the influence of our
free system of government new republics are destined to spring up, at no
distant day, on the shores of the Pacific, similar to those existing on
this side of the Rocky Mountains, and giving a wider and more extensive
spread to the principles of civil and religious liberty.” Still stronger
is the language of the message of December, 1844, when the notification
of another conference is accompanied by the words: “The establishment of
military forts along the route at suitable points upon the extended line
of land travel would enable our citizens to emigrate in comparative
safety to the fertile regions below the Falls of the Columbia, and make
the provision of the existing convention for joint occupation of the
territory more available than hitherto, to the latter. * * * Legislative
enactment should also be made which should spread the ægis over him of
our laws, so as to afford protection to his person and property, when he
shall have reached his distant home. In the latter respect the British
Government has been much more careful of the interests of such of her
people as are to be found in that country, than the United States.
Whatever may be the result of the pending negotiations, such measures
are necessary. It will afford me the greatest pleasure to witness a
happy and favorable termination to the existing negotiations upon terms
compatible with the public honor, and the best efforts of the government
will continue to be directed to this end.”[15]
But other influences were at work to bring about these changes. Then, as
now, the scent of politicians for issues to place in their platforms for
winning votes, were keen. And here was a question well fitted to their
purpose. The southern wing of the democratic party was anxious to annex
Texas in the interests of slavery, and an annexation of Oregon to
satisfy the northern wing was a shrewd move to gain votes and place
James K. Polk in the presidential chair.[16] It was a bold stroke, and
might easily bring on war with England. But now all the fears of
entanglement, which had furnished the theme of many an eloquent
discourse were thrown aside, and the country entered upon an exciting
campaign, in which the rallying cry was “Fifty-four, Forty or Fight.” In
spite of angry threats of war on the part of England, Mr. Polk was
elected, and the administration was committed to a settlement of the
question.
In his inaugural address, Mr. Polk referred to the subject as follows:
“It will become my duty to assert and maintain by all constitutional
means the right of the United States to that portion of our territory
which lies beyond the Rocky Mountains. Our title is ‘clear and
unquestionable,’ and already our people are preparing to perfect that
title by occupying it with their wives and children. But eighty years
ago our population was confined on the west by the ridge of the
Alleghanies. Within that period our people, increasing to many millions,
have filled the eastern valley of the Mississippi, adventurously
ascended the Missouri to its head springs, are already engaged in
establishing the blessing of self-government in the valley of which the
rivers flow to the Pacific. The world beholds the peaceful triumphs of
the industry of our emigrants. To us belongs the duty of protecting them
wherever they may be upon our soil. The jurisdiction of our laws and the
benefits of our republican institutions should be extended over them in
the distant regions which they have selected for their homes. The
increasing facilities of intercourse will easily bring the states, of
which the formation in that part of our territory cannot long be
delayed, within the sphere of our federative Union. In the meantime
every obligation imposed by treaty or conventional stipulation should be
sacredly respected.” In the message of December, 1845, he said: “Beyond
all question the protection of our laws and our jurisdiction, civil and
criminal, ought to be immediately extended over our citizens in Oregon.
They have had just cause to complain of our long neglect in this
particular, and have in consequence been compelled, for their own safety
and protection, to establish a provisional government for themselves.
Strong in their allegiance and ardent in their attachment to the United
States, they have been thus cast upon their own resources. They are
anxious that our laws should be extended over them, and I recommend that
this be done by congress with as little delay as possible to the full
extent to which the British parliament have proceeded in regard to
British subjects in that territory. * * * The British proposition of
compromise, which would make the Columbia River the line, south of the
forty-ninth degree, with a trifling addition of detached territory north
of that river, can never for a moment be entertained by the United
States.” Considerable space in the message was given to this subject,
and recommendations were made for Indian agencies, custom houses,
postoffices, and post roads, a surveyor of lands, liberal grants to
settlers, the jurisdiction of the United States laws, and the required
year’s notice to England of the expiration of the treaty of joint
occupancy.
With considerable of the jingo spirit in the house, and with commendable
moderation in the senate, a notice was finally prepared which would
accomplish the result without giving offense. England, realizing that
longer delay might only injure her cause, finally took the initiative
and proposed the conference which met in 1846, and settled the boundary
by a compromise at the forty-ninth degree of latitude.
The settlement of the boundary line was the result that had been looked
for so many years, and it would seem that nothing longer stood in the
way of a realization of the hopes of all who favored the extension of
the national government as far as the Pacific Ocean. One after another
the obstacles had been falling away. The knowledge and facilities of
travel which enabled yearly trains of emigrants to cross the plains were
eliminating the element of distance. The advance of a sturdy population
carrying westward breadth of views and force of character was deciding
the national policy, and the settlement of the boundary line removed a
multitude of difficulties which filled the whole period of joint
occupancy. Why then should there be longer delay? Action was expected by
the people, the needs were growing greater every day.
It is easily explained. The very cause which had gained for the nation
the territory, now operated to retard the passage of a bill which would
make it a territory in government. The question in the last phase of its
existence had gained entrance into the party politics of the country,
which at that time were identified with the question of slavery and its
extension into new territory. Though every barrier was removed, though
Dr. Whitman with thirteen others had been murdered by Indians, though an
urgent petition was received from the provisional government pleading
for action, though two special messengers were sent to Washington to
hasten legislation, though the democratic party was pledged to complete
the work begun, though the President sent a special and urgent message
to congress, though the territory in question was wholly outside of the
belt where slavery might reasonably be expected to exist, yet an
obstinate desire to maintain the abstract doctrine, and prevent any
reflections upon the unholy institution of slavery, was responsible for
this delay.
The President in his message of December, 1847, said: “Besides the want
of legal authority for continuing their provisional government, it is
wholly inadequate to protect them in their rights of person and
property, or to secure to them the enjoyment of the privileges of other
citizens to which they are entitled under the Constitution of the United
States. They should have the right of suffrage, be represented in a
territorial legislature by a delegate in congress, and possess all the
rights and privileges which citizens of other portions of the United
States have hitherto enjoyed, or may now enjoy.”
While the executive department was strongly urging the question, it was
receiving attention likewise in congress. After the death of Senator
Linn, new advocates of the subject came forward, both in the house and
in the senate. Bills and resolutions were before the legislature
continually. Memorials came in from bodies of prospective settlers, from
city councils, and even from state legislatures. The provisional
government sent petitions in behalf of the colonists, which were well
worded statements of the situation. Atchison and Hughes, both of
Missouri, introduced bills, in which the boundary line at fifty-four
degrees, forty minutes, was asserted. The notice of the termination of
the treaty of joint occupancy was given which led to the conference of
1846, and the settlement of the boundary. After the treaty, various
bills were introduced for the establishment of a territorial government.
For two years obstructions and delays prevented action, and the last
session under Polk’s administration arrived. There were at this time two
bills before congress, both practically framed by Stephen A. Douglas, of
Illinois. The interest manifested by Mr. Douglas in this matter again
illustrates how much the development of civil government in Oregon is
connected with other questions. He seems to have been largely interested
in the creation of new territories out of the possessions west of the
Mississippi. In a conversation before his death he stated to a friend,
who has reported it in a treatise, that this interest was caused by a
conviction that there was a settled policy in the east to prevent the
westward growth of the nation by settling the Indian tribes, as they
were gradually being moved upon the public lands west of the
Mississippi. Not only would this prevent a large part of that valley
from being settled and becoming a part of the nation, but would
completely cut off the line of emigration to Oregon, retarding its
growth, or destroying it altogether.[17]
An unfortunate amendment touching the question of slavery was made to
Mr. Douglas’ bill, and from that time on the main issue was buried out
of sight in the discussion of the slavery question. The representatives
from the south would not sanction a denial of their right to take their
slaves with them into any of the new territories. Various attempts were
made to sidetrack the question by joining its destiny with that of
California and New Mexico, and various efforts at compromise were made.
As the last day of session came, the anxiety was intense. The bill was
before the senate for decision. The subject occupied the greater part of
the day, and was continued into the night. Many of the leading men took
part in the discussion. It was the policy of the opposition to delay
action until the expiration of congress. Mr. Benton called attention to
the urgent need for immediate action in somewhat exaggerated language:
“A few years ago we were ready to fight all the world to get possession;
and now we are just as willing to throw her away as we were then to risk
everything for her possession. She is left without a government, without
laws, while at this moment she is engaged in a war with the Indians.
There are twelve or fifteen thousand persons settled there who have
claims on our protection. She is three thousand miles from the
metropolitan seat of government. And yet, although she has set up a
provisional government for herself, and that provisional government has
taken on itself the enactment of laws, it is left to the will of every
individual to determine for himself whether he will obey those laws or
not. She has now reached a point beyond which she can exist no
longer?”[18] The opposition spirit is illustrated in the equally
exaggerated remarks of John C. Calhoun: “The separation of the north and
south is now completed. The south has now a solemn obligation to perform
to herself, to the Constitution, to the Union. She is bound to come to a
decision not to permit this to go on any further, but to show that,
dearly as she prizes the Union, there are questions which she regards as
of greater importance. She is bound to fulfill her obligations as she
may best understand them. This is not a question of territorial
government, but a question involving the Union.” It is interesting to
hear Mr. Webster’s views as summed up in the Congressional Globe: “His
objection to slavery was irrespective of lines, and points of latitude.
He was opposed to it in every shape, and in every qualification. He was
against any compromise of the question.” At the close of the day a
motion to lay the bill on the table was defeated. The evening was given
to discussion, and a motion to adjourn was lost. As the night passed
away, the friends of the bill reclined in the ante-rooms ready to vote
if an opportunity came, while a few kept guard in the senate chamber. A
motion at midnight to adjourn was lost. A senator from Mississippi arose
for the purpose of killing time. Until 9 o’clock the following morning,
which was Sunday, he gave a rambling history of the world, beginning
with the story of the creation. Exhausted, either in strength, material,
or obstinacy, he finally sat down. Senator Benton, ever on the alert,
immediately moved the passage of the bill. It was carried in a short
time, and taken to the President for his signature so that it might
become a part of his administration. Thus Oregon became a territory
August 14, 1848. It was a very fitting thing that Senator Benton, who
had from the first championed the cause, should have the satisfaction of
seeing it finished.
The provisions of the bill making Oregon a territory resembled those of
other bills of a similar kind in most particulars. The special
messengers, J. Quinn Thornton and Stephen L. Meek, had been able to make
suggestions which fitted the bill to the peculiar needs of the new
territory. It was notable in being the first bill to set aside two
townships of land, instead of one, for the purpose of supporting
schools. It recognized the machinery of government already in existence,
and endorsed the provisions of the ordinance of 1787, which had already
been adopted, in regard to slavery. The transition from the provisional
government to the territorial was easily made, and Oregon started out on
a new era of existence. The first Governor appointed, Gen. Joseph Lane,
referring later in congress to the experience of this time said: “When I
arrived there, in the winter of 1848, I found the provisional government
working beautifully. Peace and plenty blessed the hills and vales, and
harmony and quiet, under the benign influence of that government,
reigned supreme throughout her borders. I thought it was almost a pity
to disturb the existing relations, to put that government down and
another up. Yet they came out to meet me, their first Governor, under
the laws of the United States. They told me how proud they were to be
under the laws of the United States, and how glad they were to welcome
me as holding the commission of the general government.”
The period of territorial government was one of growth along all lines.
Trouble with the Indians, increase of population, development of
industrial life, and the various needs of a growing community, made many
drafts upon the new government. It was not long before the largeness of
the territory made a division desirable. The people north of the
Columbia, separated from those to the south by geographical boundaries,
and possessing interests of their own, voted to request the formation of
the Washington Territory. This was granted by congress in 1853.
It was not long before forces began to bring about the last step in the
development of civil government. There were many things which led to a
desire for statehood. The people, in their provisional government, had
become accustomed to the complete management of their local affairs,
without the supervision of any power above them. While they valued the
strength that was derived from connection with the United States, there
were many restrictions which troubled them. Then, too, there were other
delays incident to ratification of legislation, which was vexatious,
particularly to a people who had hitherto enjoyed the quick application
of their own laws. The difference between the local and national policy
regarding the Indian problem was another influence at work. The people,
annoyed by troubles with the Indians, which were breaking out at
intervals, were inclined to a policy that would remove the Indians
entirely, while the general government sought to pursue a policy that
was more conservative. Nor was the local pride, which the rapid progress
of California into statehood had aroused, entirely without its effect. A
desire was likewise manifested for the advantage that was thought to lie
in the larger representation that a state would have in congress, by the
addition of two senators. Nor were ambitious politicians wanting to keep
alive this belief and to accept the positions created. There were
influences pulling toward the creation of a state government, with its
senatorial representation, outside of the community most directly
interested. There are always interests to be found in the general drift
of political affairs that seek re-enforcement through the admission of
new states.