The State Rights Democrat

[From the Penn Monthly.]

THE PIONEER GOVERNMENT OF
OREGON.

The commencement of settlement and civil government in the country now comprising the Pacific States and Territories, is an interesting subject, and, as time passes on, and we are removed further from the period in which those events occurred, it will command greater regard and excite still deeper interest. California, invested with the magnificence of her inexhaustible treasure, may be said to have sprung at once, perfect and complete, into the sisterhood of States, so brief was her pupilage. It was different with her compeer, Oregon. There was nothing Minerva-like about the birth of her political sovereignty. She was in several ways, and under peculiar circumstances, an independent offspring. The title of the soil, which had been held in joint occupancy by the United States and Great Britain, was only determined in 1846—years, a complete decade at least, after settlements had been commenced within her borders—and she reached her majority only after a full minority of twenty-one years.—Not until that length of time from the first manifestations of political significance in her social life did she assume her position as a State in the Union. There were no discoveries of precious metals to attract the world and immigration to her fertile and secluded valleys. Agriculture, the industry of the husbandman, was to make her wealth—the plow to open up her golden harvests. Oregon has experienced three different characters of government. First, the pioneer or provisional, afterwards the Territorial, under the jurisdiction of the United States, and now the superior authority of the State. The first was a government as good and sufficient for all practical purposes at the time of its existence, and as much respected, as either of the others. While the public interests were sedulously subserved, the highest regard was manifested for individual rights. The law has been supreme, its majesty held inviolate always in Oregon, since the first enactment by the pioneers. Wise in its simplicity, potent in the measure of justice and right embodied and maintained, its fundamental principles were the same as those which sustain the jurisprudence of to-day. Twelve years before California became a State, Oregon was maintaining her settlements in the valley of the Willamette. The first Americans who remained permanently in the country, went there with Captain Wyeth, of Boston, in 1832. Their object was to trap, and trade with the natives for peltries. But upon the abandonment of his enterprise by this gentleman, a few years subsequently, a number of his men became settlers. The brothers Lee and others, of the Methodist mission, reached Oregon in 1834. The Rev. Dr. Whitman and Rev. Mr. Spalding, of the "American Board of Foreign Missions," with their wives, arrived in 1836. These ladies were the first white women who crossed the Rocky Mountains, and their children were the first white American children born in the country. The Rev. F. N. Blanchet, now Bishop, with Father Demers, of the Catholic mission, located there in 1838.—The missionaries the world over have been the pioneers. With a love ineffable for their Master's work, and a zeal that the most formidable circumstances have been unable to depress, ready to give up their lives if requisite for the advancement of their holy cause, they press forward, tracking the desert, encountering the perils of disease and savage enmity with invincible fortitude, to extend the blessings of the gospel to the benighted of all lands. What have they not accomplished, apart from their special vocation, for the benefit of the world, in the collection and dissemination of valuable and important information concerning new and unknown countries—as philologers, geologists, botanists and general historians?

Our purpose in this paper is not to narrate, even partially, the suffering and loss of life incurred in the progress of settlement in Oregon.—In this respect it may be sufficient to remark that its history contains a full proportion of the incidents of sacrifice and yielding up of life, akin to martyrdom, usual in reclaiming new and remote sections in an Indian country. Our idea is simply to give a brief account of the process of the formation of civil government on the north Pacific coast. We cannot refrain, nevertheless, from a mere mention here in passing, that after a residence of thirteen years among them, devoted to their education in religion and the useful arts, the estimable Dr. Marcus Whitman and his amiable wife, with others, were murdered, under circumstances of the most revolting cruelty, by the Cayuse Indians, on the 29th of November, 1847. Dr. Whitman did more perhaps, than any other person to encourage immigration and otherwise forward the interests of the Territory wherein he had made his home. His mutilated remains were buried near the place where he fell. No monumental stone records the faithful service and untimely death of a most worthy Christian gentleman.

The first action towards the agreement of any kind of civil rule comprehending the whole community, occasioned by the death of a settler occurred in February, 1841. It was possessed of considerable personal property, who died intestate. There were no human heirs, and no authority to administer upon the estate.—It was essential that some proper disposition should be made of the property, which consisted chiefly of bands of horses and cattle. The settlers who attended the funeral held an informal meeting, after the burial, and upon an interchange of views and the appointment of a "committee of arrangements" to take into consideration the whole subject apparently, agreed to meet again on the 17th of the same month. The gathering at Champoeg—a point on the Willamette river, equidistant between the present cities of Salem and Portland—on that date, in the imperfect record left of its proceedings, was called "a meeting of some of the inhabitants of the Willamette valley for consultation concerning the steps necessary to be taken for the formation of laws, and the election of officers to execute the same, for the better preservation of peace and good order." The business transacted was principally in the nature of an expression in the recommendation of measures for future action. The "committee of arrangements" made no report and were "advised to propose" the creation of certain offices. The judgment of those present as to who should be elected to fill these offices was manifested in nominating candidates for them. The meeting adjourned to meet the next day in the Methodist Mission House, which was then located on the right bank of the Willamette river, opposite the present town of Wheatland. This adjourned meeting, on the 18th, was fully attended. The record of it reads, "at a full meeting," etc. The material point to which there was no opposition was the necessity of adopting some kind of laws regulating probate matters A crude form of government was determined upon. The executive power was dispensed with, or practically intended to be placed in the chief functionary called "Supreme Judge," who was elected by those present. A committee of nine persons were empowered "to form a constitution and draft a code of laws," and report at a subsequent meeting. A "clerk of courts and recorder," a "high sheriff, several justices of the peace and constables" were also elected. "It was then resolved that, until a code of laws could be drafted by the legislative committee and adopted by the people, the Supreme Judge be instructed to act according to the laws of the State of New York." This public gathering, was larger than at any previously held in the colony, and adjourned to meet the following first Tuesday of June, "at the new building near the Catholic Church." This effort at government-making certainly was made to run the gauntlet of the influence of these two missionary establishments, which no doubt was opposed to any further perfection of it. At the meeting in June, not so fully attended as the other, the Committee on Constitution and Code of laws were called upon to report, when it was announced that they had never met to discharge the duties assigned them. Some withdrew from the committee and others were appointed in their places, and they were directed to report at an adjourned meeting in October following. The committees were also "instructed to confer with the commander of the American squadron, and Dr. John McLoughlin, chief factor of the Hudson's Bay Company, with regard to forming of a constitution and code of laws for this community." The only practical result of this movement appears to have been the disposition of the estate of the deceased party heretofore alluded to, which was reached to the apparent satisfaction of the community. The Legislative Committee, as it was denominated, differed in opinion as to the expediency of establishing a permanent organization, and the settlers also must have entertained adverse views, as the public meeting to receive the report of the committee was never convened. The truth was the Americans hoped to be provided with a government by authority of Congress, within a reasonable time, in an abrogation of the treaty of joint occupancy and an extension of the jurisdiction of the United States. They were fearful, at least some were, that matters so materially affecting their own immediate interests might be complicated and prejudiced through injudicious action on their part. The population was composed of the two nationalities, the preponderance uncertain perhaps, or at all events not so determinate as the immigrations of the two subsequent years made it.

While the two home governments were seemingly indifferent, and deferring any positive action as to a settlement of the question of ultimate possession and jurisdiction, the "American camels"—the patient and serviceable oxen—with their lengthened lines of wagons, laden with the "household gods," were annually conveying across the continent, slowly but surely, through dreary deserts and unfriendly tribes of Indians, the inflexible power that was finally to compel an adjustment of the controversy and supplant the achievement of any special and distinguished statesmanship in its accomplishment. The next attempt at instituting a government for the communities of Oregon took place two years later, and was crowned with success; and when perfected still two years later, the system of policy presented to the world by the pioneers of the North Pacific, was the admirable work which worthily received the encomiums of our statesmen, and fulfilled the highest purpose of all good government in promoting the happiness and prosperity of the people. For six years this rule of the pioneers continued, popular and efficient, until changed to the territorial organization by act of Congress.

On the 4th of March, 1843, at a meeting of the colony to provide for the protection of the stock of the settlers from the attacks of wild animals, after completing the business in hand, a committee of twelve persons was created "to take into consideration the propriety of taking measures for the civil and military protection of the colony." At the call of this committee the people assembled at Champoeg on the 2d of May, when the report in favor of organizing a government was adopted. In accordance with the recommendations of the committee, a supreme judge, with probate powers, was elected; also, a clerk, a recorder, treasurer, sheriff, justices of the peace, constables, etc. Nine persons were selected to frame laws, and instructed to report on the following 5th of July. It was agreed to pay them one dollar and twenty-five cents each per day, "the money to be raised by subscription;" and it was raised, the members of the committee subscribing more than the amount of their compensation. The organic and other laws thus prepared were submitted to the people, in Champoeg on the 5th of July, 1843, and approved after some slight amendment. The fundamental law, or "Articles of Compact," as they are termed, guaranteed the freedom of religious belief, the writ of habeas corpus, trial by jury, "proportionate representation," the maintenance of "good faith" with the Indians, providing legislation "to prevent injustice being done to them," and for the preservation of peace and friendship: Slavery was prohibited. The executive power was vested in a committee of three persons, to be elected annually. The legislative power was lodged in a committee of nine persons, to be styled "Legislative Committee," and chosen each year. The judicial power was placed in a supreme, probate and justices' courts, the first to consist of a supreme judge and two justices of the peace. Provision was made for the election every year, of other necessary officers. The right of suffrage and to hold office was given to "every free male descendant of a white man," twenty-one years of age and upwards, inhabiting the territory at the time of its organization, and to others a six months' residence. Among the enactments put forth on this occasion were laws for the organization of the militia, and the possession and improvement of lands, and certain laws of Iowa Territory which were designated. The country was divided into four districts, instead of counties called respectively Tualatin, Yamhill, Clackamas, Champoeg, and only comprised the section south of the Columbia river. It was decided to designate these districts by the name of Oregon Territory. It was also determined that the expense of the government should be paid by voluntary subscription instead of taxation, and in the form designed for this purpose it was provided "that in all cases each individual subscriber may at any time withdraw his name from said subscription, upon paying all arrearages and notifying the treasurer of the colony of such desire to withdraw." Taxation was resorted to, however, the ensuing year, when a tax of one-eighth of one per cent. was levied. Before the dissolution of this convention of the people, Alanson Beers, David Hill and Jos. Gale, all Americans, were elected by ballot to serve as Executive Committee. The first was a blacksmith attached to the Methodist mission, the second a farmer, the third had been a settler since 1834, and had commanded the first Oregon-built sea-going vessel, called the "Star," in a trip to Yerba Buena, now San Francisco, in 1841. They were good, honest, practical men; and respected by the community. The other officers elected at the previous meeting were authorized to qualify and enter upon their respective positions. The oath of office was then administered to the members of the Executive by the president of the convention who was directed also to qualify the supreme judge. At the annual election on the 2d of May, 1844, new executive and legislative committees were chosen; the latter body held two sessions, revised the laws, and otherwise did considerable needed legislation On the 26th of July, 1845, important additions perfecting the organic laws were ratified by a vote of the people. The boundaries of the territory had been extended so as to include all north of the Columbia river to the parallel of 54° 40'. The executive power had been transferred to a governor, with the usual powers of such a functionary. The legislative authority was changed to a House of Representatives of not more than sixty-one members. In the Judicial Department, the right was given to create district and other inferior courts, as they were required, and the supreme court was re-arranged and made to consist of one judge, to hold two terms a year. The rights in reference to holding and improving lands, were more distinctly defined and made a part of the organic laws. George Abernethy was elected governor, and held that office by annual election thereafter for four years, until superseded, March 3, 1849, by General Joseph Lane, appointed governor by President Polk. Governor Abernethy, an intelligent Christian gentleman, unassuming, indisposed to court popular favor, with strong common sense, and a desire to do his duty conscientiously and quietly, was the right man for the occasion, and, whatever prejudice may assert to the contrary, it was fortunate for the colony that just such a person could be had to fill the highest and most responsible position in the pioneer government. It must be remembered that the population was of a mixed character, being composed of Americans, English, Canadians and half-breeds. This was the form of oath taken by the officials of the Territory: "I do solemnly swear that I will support the organic laws of the provisional government of Oregon, so far as said organic laws are consistent with my duties as a citizen of the United States, or a subject of Great Britain, and faithfully demean myself in office. So help me God." It was requisite to exercise great prudence in the management of affairs, that national prejudices might not be excited to the disruption of the cordial relations existing, and necessary to be maintained in the successful conduct of the government.

Civil authority in Oregon may be said to have assumed a permanent and dignified character from the assumption of the administration of affairs by Gov. Abernethy, and the judicious and efficient legislation which ensued on the part of the people's representatives. The general acceptance, if not the unanimous approval, of the provisional government, by the settlers of all classes, regardless of their attachments to the forms of home governments, made it strong and maintained its jurisdiction. Under it life and property were protected. Schools, institutions and churches flourished. The community was prosperous and happy. Contracts were maintained and the collection of debts enforced. Specie being scarce, wheat was made a legal tender in the payment of all demands. War was vigorously and successfully prosecuted. In the winter of 1847 and 1848, and the succeeding spring, three hundred and fifty men were kept in the field, east of the Cascade Mountains, in offensive operations against the Cayuse Indians. In thirteen days from the receipt of the information at the seat of government, Oregon City, of the massacre of the missionaries and immigrants at Wa-il-at-pu, a force of fifty armed men were in possession of the mission station at the Dalles of the Columbia river, the key of the position, having marched a distance of one hundred and fifty miles. It will be borne in mind that there were no steam facilities for travel and transportation in those days, and that this march was made in the inclement month of December. The legislature, then in session, authorized the governor to organize a force of five hundred mounted volunteers; only about two-thirds of this number, however, were actually enrolled. As fast as the companies could be equipped they moved to the front by the old pack trail up the Columbia. The two fights at the canyon of the Des Chutes, in which the enemy were driven each time with loss, occurred on the last two days of February. The battle of Umatilla, where the enemy were again repulsed with serious loss, was fought on the 2d of March. On the 4th the advance of the column occupied Wa-il-at-pu, Whitman's Mission, now Walla Walla, three hundred miles away from the seat of government and almost the same distance from any settlement of note. Commissioners accompanied the troops, authorized to treat with the various tribes to prevent their alliance with the Cayuses, in which they succeeded—the steady advance of the volunteers, and the sharp and decisive fighting, proving effectual.

All this was a surprising display of energy and power, and would be regarded as remarkable in the operations of any government; but in one so new and inexperienced as that of the pioneers of Oregon, it must be proof eminently satisfactory as to the ability and efficiency of it; that it was not one only in name, but a government founded in the esteem and sustained by the will and majesty of the people. The highest compliment has been paid to the integrity and patriotism of those Americans who really created and administered this early organization, in the simple circumstance that the greater part of those of foreign birth who shared with them the fortunes of that government, as soon as an opportunity was afforded became citizens of the United States. It is indicative of the good faith and honest dealing which had characterized the association. The coming generations, who are to build up the State of Oregon to a scale competing with the grandeur and power of other states, will the more and more appreciate the work of their pioneers, as in the performance of that duty glimpses after glimpses of the grand future are disclosed. The highest regard will be cherished for them when they shall have passed away, to live again in the grateful stories of the thrilling incidents of frontier and wilderness life. Few deeds will be found within the period of that pioneer rule which any one will care to have disclaimed, or which will cause the least reproach. The Oregon pioneers were a class of men possessing the superior virtues which make a superior manhood. Already they have been distinguished by the highest honors—in the pulpit, on the bench, at the bar, as governors, as congressmen, as senators. They did their work unostentatiously, but did it well. in leaving a broad and substantial foundation, at least, for the more complete and perfect work of those who were to come after them.

GEO. H. CURRY.

PORTLAND, March 1, 1874.