a. Seeking united action.

b. Multnomah Circulating library.

c. Lyceum for debates.

d. Bounty for destruction of dangerous animals.

e. Proposal to secure protection for families.

f. Committee to frame temporary government.

g. Plan adopted by meeting in Champoeg field.

h. Legislative committee appointed.

i. Executive committee of three instead of governor.

5. Reorganization.

a. Influence of immigration of 1843.

b. Primitive State House.

c. Earliest laws enacted.

d. Legislative committee becomes a legislature.

e. Executive committee changed to governorship.

f. George Abernethy chosen governor, 1845.

g. Oath of office reveals "joint occupancy."

6. Results.

a. Laws of Iowa Territory adopted.

b. Prohibition.

c. Failure of postoffice.

d. Dwelling.

e. Currency, "Beaver Money" in gold.

f. Dominion up to 54-40 north latitude.

g. Federal organization of Oregon Territory, 1848-1849.

BIBLIOGRAPHY.--The above outline covers one of the most interesting

portions of Northwestern history. It reveals the natural aptitude of

Americans for self-government and shows a natural evolution of a state

from settlements of pioneers in a wilderness. The literature on the

subject is growing rapidly. The items following are among those most

readily accessible to those wishing to pursue the study:

BANCROFT, HUBERT HOWE. Works of. Vol. XXIX, chapters XII, XIV, XVI,

XVIII, XIX, XXII, XXVI. Here is found the story of the provisional

government told at considerable length.

CLARK, ROBERT CARLTON. How British and American Subjects Unite in a

Common Government for Oregon Territory in 1844. In the Quarterly of the

Oregon Historical Society, Vol. XIII, Number 2.

GROVER, LAFAYETTE. The Oregon Archives. This is a rare book, published

in 1853. It contains the early laws of the provisional government and

other source materials of prime importance.

HOLMAN, FREDERICK V. Dr. John McLoughlin, the Father of Oregon. While

this is intended as a biography of the grand old Doctor, it is a book

of much helpfulness to students of this period. At the end of the

volume there are nineteen documents illustrative of the text.

JOHNSON, SIDONA V. A Short History of Oregon, Chapters XVIII to XXIII.

The title of the book is well chosen, but many may find there the facts

needed.

MEANY, EDMOND S. History of the State of Washington. Chapter XVI deals

in part with the provisional government while Washington was yet a part

of Oregon.

SCHAFER, JOSEPH. History of the Pacific Northwest. In this interesting

and useful book, Chapter XIII is entitled "The First American

Government on the Pacific."

WOODWARD, WALTER C. Political Parties in Oregon, 1843-1868. This

book was published by the J. K. Gill Company of Portland. Oregon, in

1913. It is the newest, as well as the most extensive, work in this

particular field. Those who are collecting books on the Northwest

should not overlook this one. Anyone studying in the field of the above

syllabus will find the book helpful.

REPRINT DEPARTMENT

George Wilkes: History of Oregon, Geographical, Geological and

Political. (New York, Colyer, 1845.)

* * * * *

[The reprint of this rare work was begun in the first number of the

Washington Historical Quarterly and has been continued in portions of

varying lengths. The installment in this issue concludes the reprinted

book.--_Editor._]

* * * * *

But can such charters be considered an acknowledged part of the law

of nations? Were they any thing more, in fact, than a cession to the

grantee or grantees of whatever rights the grantor might suppose

himself to possess, to the exclusion of other subjects of the same

sovereign?--charters binding and restraining those only who were within

the jurisdiction of the grantor, and of no force or validity against

the subjects of other states, until recognized by treaty, and thereby

becoming a part of international law.

Had the United States, thought proper to issue, in 1790, by virtue of

their national authority, a charter granting to Mr. Gray the whole

extent of the country watered, directly or indirectly, by the River

Columbia,[84] such a charter, would, no doubt, have been valid in Mr.

Gray's favor, as against all other citizens of the United States. But

can it be supposed that it would have been acquiesced in by either of

the powers, Great Britain and Spain, which, in that same year, were

preparing to contest by arms the possession of the very country which

would have been the subject of such a grant?

If the right of sovereignty over the territory in question accrues to

the United States by Mr. Gray's discovery, how happens it that they

never protested against the violence done to that right by the two

powers, who, by the convention of 1790, regulated their respective

rights in and over a district so belonging, as it is now asserted, to

the United States?

This claim of the United States to the territory drained by the

Columbia and its tributary streams, on the ground of one of their

citizens having been the first to discover the entrance of that river,

has been here so far entered into, not because it is considered to be

necessarily entitled to notice, since the whole country watered by the

Columbia falls within the provisions of the convention of 1790, but

because the doctrine above alluded to has been put forward so broadly,

and with such confidence, by the United States, that Great Britain

considered it equally due to herself and to other powers to enter her

protest against it.

The United States further pretend that their claim to the country in

question is strengthened and confirmed by the discovery of the sources

of the Columbia, and by the exploration of its course to the sea by

Lewis and Clark, in 1805-6.

In reply to this allegation, Great Britain affirms, and can distinctly

prove, that, if not before, at least in the same and subsequent years,

her North-Western Trading Company had, by means of their agent, Mr.

Thomson, already established their posts among the Flathead and

Kootanie tribes, on the headwaters of the northern or main branch of

the Columbia, and were gradually extending them down the principal

stream of that river; thus giving to Great Britain, in this particular,

again, as in the discovery of the mouth of the river, a _title to

parity_ at least, if not priority, of discovery, as opposed to the

United States. It was from those posts, that, having heard of the

American establishment forming in 1811, at the mouth of the river, Mr.

Thomson hastened thither, descending the river, to ascertain the nature

of that establishment.[85]

Some stress having been laid by the United States on the restitution

to them of Fort George by the British, after the termination of the

last war, which restitution they represent as conveying a virtual

acknowledgment by Great Britain of the title of the United States to

the country in which that post was situated--it is desirable to state,

somewhat in detail, the circumstances attending that restitution.

In the year 1815, a demand for the restoration of Fort George was first

made to Great Britain, by the American government, on the plea that the

first article of the treaty of Ghent stipulated the restitution to the

United States of all posts and places whatsoever taken from them by the

British during the war, in which description, Fort George, (Astoria,)

was included.

For some time the British government demurred to comply with the demand

of the United States, because they entertained doubts how far it could

be sustained by the construction of the treaty.

In the first place, the trading post called Fort Astoria (or Fort

George,) was not a national possession; in the second place, it was not

a military post; and, thirdly, it was never captured from the Americans

by the British.

It was, in fact, conveyed in regular commercial transfer, and

accompanied by a bill of sale, for a sum of money, to the British

company, who purchased it, by the American company, who sold it of

_their own free will_.

It is true that a British sloop of war had, about that time, been sent

to take possession of that post, but she arrived subsequently to the

transaction above mentioned, between the two companies, and found the

British company _already in legal occupation of their self acquired

property_.

In consequence, however, of that ship having been sent out with hostile

views, although those views were not carried into effect,[86] and in

order that not even a shadow of a reflection might be cast upon the

good faith of the British government, the latter determined to give

the most liberal extension to the terms of the treaty of Ghent, and,

in 1818, the purchase which the British company had made in 1813 was

restored to the United States.

Particular care, however, was taken, on this occasion, to prevent

any misapprehension as to the extent of the concession made by Great

Britain.

Viscount Castlereagh, in directing the British minister at Washington

to intimate the intention of the British government to Mr. Adams, then

secretary of state, uses these expressions, in a despatch dated 4th

February, 1818:--

"You will observe, that, whilst this government is not disposed to

contest with the American government the point of possession as it

stood in the Columbia River at the moment of the rupture, _they are not

prepared to admit the validity of the title of the government of the

United States to this settlement_.

"In signifying, therefore, to Mr. Adams the full acquiescence of your

government in the reoccupation of _the limited position_ which the

United States held in that river at the breaking out of the war, _you

will at the same time assert, in suitable terms, the claim_ of Great

Britain to that territory, upon which the American settlement must be

considered as an encroachment."

This instruction was executed verbally by the person to whom it was

addressed.

The following is a transcript of the act by which the fort was

delivered up, by the British, into the hand of Mr. Prevost, the

American agent:--

"In obedience to the command of H. R. H. the prince regent, _signified

in a despatch from the right honorable the Earl Bathurst_, addressed

to the partners or agents of the North-West Company, bearing date

the 27th of January, 1818, and in obedience to a subsequent order,

dated the 26th July, from W. H. Sheriff, Esq., captain of H. M. ship

Andromache, We, the undersigned, do, in conformity to the first article

of the treaty of Ghent, restore to the government of the United States,

through its agent, J. P. Prevost, Esq., the settlement of Fort George,

on the Columbia river.

"Given under our hands, in triplicate, at Fort George, (Columbia

River,) this 6th day of October, 1818.

"F. HICKEY, _Captain H. M. ship Blossom_.

"J. KEITH, _of the N. W. Co_."

The following is the despatch from Earl Bathurst to the partners of the

North-West Company, referred to in the above act of cession:--

DOWNING-STREET, _27th January, 1818_.

"Intelligence having been received that the United States sloop of

war Ontario has been sent by the American government to establish a

settlement on the Columbia river, which was held by that state, on

the breaking out of the last war. I am to acquaint you, that it is

the prince regent's pleasure, (_without, however, admitting the right

of that government to the possession in question_) that, in pursuance

of the first article of the treaty of Ghent, due facility should be

given to the reoccupation of the said settlement by the officers of the

United States; and I am to desire that you would contribute as much as

lies in your power to the execution of his royal highness's command.

"I have, &c. &c.

BATHURST.

"_To the Partners or Agents of the North-West Company, residing on

the Columbia river._"

The above documents put the case of the restoration of Fort Astoria in

too clear a light to require further observation.

The case, then of Great Britain, in respect to the country west of the

Rocky Mountains, is shortly this:--

Admitting that the United States have acquired all the rights which

Spain possessed, up to the treaty of Florida, either in virtue of

discovery, or, as is pretended, in right Louisiana, Great Britain

maintains that the nature and extent of those rights, as well as of

the rights of Great Britain, are fixed and defined by the convention

of Nootka; that these rights are equal for both parties; and that, in

succeeding to the rights of Spain, under that convention, the United

States must also have succeeded to the obligations which it imposed.

Admitting, further, the discovery of Mr. Gray, to the extent already

stated, Great Britain, taking the whole line of the coast in question,

with its straits, harbors and bays, has stronger claims, on the ground

of prior discovery, attended with acts of occupancy and settlement,

than the United States.

Whether, therefore, the United States rest their claims upon the title

of Spain, or upon that of prior discovery, or upon both, Great Britain

is entitled to place her claims at least upon a parity with those of

the United States.

It is a fact, admitted by the United States, that, with the exception

of the Columbia river, there is no river which opens far into the

_interior_, on the whole western coast of the Pacific Ocean.

In the _interior_ of the territory in question, the subjects of Great

Britain have had, for many years, numerous settlements and trading

posts--several of these posts on the tributary streams of the Columbia,

several upon the Columbia itself, some to the northward, and others

to the southward, of that river; and they navigate the Columbia as

the sole channel for the conveyance of their produce to the British

stations nearest the sea, and for the shipment of it from thence to

Great Britain. It is also by the Columbia and its tributary streams

that these posts and settlements receive their annual supplies from

Great Britain.[87]

In the whole of the territory in question, the citizens of the United

States have not a single settlement or trading post. They do not use

that river, either for the purpose of transmitting or receiving any

produce of their own, to or from other parts of the world.

In this state of the relative rights of the two countries, and of

the relative exercise of those rights, the United States claim the

exclusive possession of both banks of the Columbia, and, consequently,

that of the river itself; offering, it is true, to concede to British

subjects a conditional participation in that navigation, but subject,

in any case, to the exclusive jurisdiction and sovereignty of the

United States.

Great Britain, on her part, offers to make the river the boundary;

each country retaining the bank of the river contiguous to its own

territories, and the navigation of it remaining forever free, and upon

a footing of perfect equality to both nations.

To carry into effect this proposal, on our part, Great Britain would

have to give up posts and settlements south of the Columbia. On the

part of the United States, there could be no reciprocal withdrawing

from actual occupation, as there is not, and never has been, a single

American citizen settled north of the Columbia.

The United States decline to accede to this proposal, even when

Great Britain has added to it the further offer of a most excellent

harbor, and an extensive tract of country on the Straits of De Fuca--a

sacrifice tendered in the spirit of accommodation, and for the sake

of a final adjustment of all differences, but which, having been made

in this spirit, is not to be considered as in any degree recognizing

a claim on the part of the United States, or as at all impairing the

existing right of Great Britain over the post and territory in question.

Such being the result of the recent negotiation, it only remains for

Great Britain to maintain and uphold the qualified rights which she now

possesses over the whole of the territory in question. These rights

are recorded and defined in the convention of Nootka. They embrace the

right to navigate the waters of those countries, the right to settle

in and over any part of them, and the right freely to trade with the

inhabitants and occupiers of the same.

These rights have been peaceably exercised ever since the date of

that convention; that is, for a period of near forty years. Under

that convention, valuable British interests have grown up in those

countries. It is fully admitted that the United States possess the same

rights, although they have been exercised by them only in a single

instance, and have not, since the year 1813, been exercised at all. But

beyond these rights they possess none.

To the interests and establishments which British industry and

enterprise have created, Great Britain owes protection. That protection

will be given, both as regards settlement and freedom of trade and

navigation, with every attention not to infringe the coördinate rights

of the United States; it being the earnest desire of the British

government, so long as the joint occupancy continues, to regulate its

own obligations by the same rule which governs the obligations of any

other occupying party.

Fully sensible, at the same time, of the desirableness of a more

definite settlement, as between Great Britain and the United States,

the British government will be ready, at any time, to terminate the

present state of joint occupancy by an agreement of delimitation; but

such arrangement only can be admitted as shall not derogate from the

rights of Great Britain, as acknowledged by treaty, nor prejudice the

advantages which British subjects, under the same sanction, now enjoy

in that part of the world.

(No. 7.)

_Convention between the United States and Great Britain, signed at

London, October 20th, 1818._

ARTICLE 2.--It is agreed that a line drawn from the most northwestern

point of the Lake of the Woods, along the 49th parallel of north

latitude, or, if the said point shall not be in the 49th parallel of

north latitude, then that a line drawn from the said point due north or

south, as the case may be, until the said line shall intersect the said

parallel of north latitude, and from the point of such intersection

due west along and, with the said parallel, shall be the line of

demarkation between the territories of the United States and those of

his Britannic majesty; and that the said line shall form the northern

boundary of the said territories of the United States, and the southern

boundary of the territories of his Britannic Majesty, from the Lake of

the Woods to the Stony Mountains.

ART. 3.--It is agreed that any country that may be claimed by either

party on the northwest coast of America, westward of the Stony

Mountains, shall, together with its harbors, bays, and creeks, and

the navigation of all rivers within the same, be free and open for

the term of ten years from the date of the signature of the present

convention, to the vessels, citizens, and subjects, of the two powers;

it being well understood that this agreement is not to be construed to

the prejudice of any claim which either of the two high contracting

parties may have to any part of the said country, nor shall it be taken

to affect the claims of any other power or state to any part of the

said country; the only object of the high contracting parties, in that

respect, being to prevent disputes and differences among themselves.

(No. 8.)

_The Florida Treaty, signed at Washington, February 22nd, 1819_....

ARTICLE 3.--The boundary line between the two countries west of the

Mississippi shall begin on the Gulf of Mexico, at the mouth of the

River Sabine, in the sea, continuing north, along the western bank

of that river, to the 32d degree of latitude; thence, by a line due

north, to the degree of latitude where it strikes the Rio Roxo of

Natchitoches, or Red River; then, following the course of the Rio Roxo

westward, to the degree of longitude 100 west from London and 23 from

Washington; then crossing the said Red River, and running thence, by a

line due north, to the River Arkansas; thence following the course of

the southern bank of the Arkansas, to its source in latitude 42 north;

and thence, by that parallel of latitude, to the South Sea; the whole

being as laid down in Melish's map of the United States, published at

Philadelphia, improved to the 1st of January, 1818. But, if the source

of the Arkansas River shall be found to fall north or south of latitude

42, then the line shall run from the said source due south or north,

as the case may be, till it meets the said parallel of latitude 42,

and thence, along the said parallel, to the South Sea; all the islands

in the Sabine, and the said Red and Arkansas Rivers, throughout the

course thus described, to belong to the United States; but the use

of the waters and the navigation of the Sabine to the sea, and of

the said Rivers Roxo and Arkansas, throughout the extent of the said

boundary, on their respective banks, shall be common to the respective

inhabitants of both nations.

The two high contracting parties agree to cede and renounce all

their rights, claims, and pretensions, to the territories described

by said line; that is to say, the United States hereby cede to his

Catholic Majesty, and renounce forever, all their rights, claims,

and pretensions, to the territories lying west and south of the

above-described line; and, in like manner, his Catholic Majesty cedes

to the said United States all his rights, claims, and pretensions, to

any territories east and north of the said line; and for himself, his

heirs, and successors, renounces all claim to the said territories

forever.

(No. 9)

_Convention between the United States and Great Britain, signed at

London, August 6th, 1827._

ARTICLE 1. All the provisions of the third article of the convention

concluded between the United States of America and his majesty the

king of the United Kingdom of Great Britain and Ireland, on the 20th

of October, 1818, shall be, and they are hereby, further indefinitely

extended and continued in force, in the same manner as if all the

provisions of the said article were herein specifically recited.

ART. 2. It shall be competent, however, to either of the contracting

parties, in case either should think fit, at any time after the 20th

of October, 1828, on giving due notice of twelve months to the other

contracting party, to annul and abrogate this convention; and it shall,

in such case, be accordingly entirely annulled and abrogated, after the

expiration of the said term of notice.

ART. 3. Nothing contained in this convention, or in the third article

of the convention of the 20th October, 1818, hereby continued in force,

shall be constructed to impair, or in any manner affect, the claims

which either of the contracting parties may have to any part of the

country westward of the Stony or Rocky Mountains.

(No. 10.)

_The Instructions of the Merchant Proprietors, to John Meares_:

"* * * * Should you, in the course of your voyage, meet with any

Russian, _English_, or Spanish vessels, you will treat them with

civility and friendship, and allow them, if authorized, to examine

your papers, which will show the object of your voyage. But you must,

at the same time, guard against surprise. Should they attempt to

seize you, or even carry you out of your way, you will prevent it by

every means in your power, and repel force by force. You will on your

arrival in the first port, protest before a proper officer against

such illegal procedure; and ascertain as nearly as you can the value

of your vessel and cargo, sending such protest, with a full account of

the transaction, to us at China. Should you in such conflict have the

superiority, you will then take possession of the vessel that attacked

you, as also her cargo, and bring both, with the officers and crew

to China, that they may be condemned as legal prizes and their crews

punished as pirates. Wishing you a prosperous voyage, etc.

(Signed) "THE MERCHANT PROPRIETORS."

FOOTNOTES:

[84] These Englishmen are crazy--the Columbia was not discovered by

Captain Gray till 1792. If the above is intended as an illustration

only, the instance is as weak as the previous arguments are

inconclusive.

[85] We have seen that Mr. Thomson came a year too late.

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