Oregon Historical Quarterly/Volume 2/Incidents in the Organization of the Provisional Government
INCIDENTS IN THE ORGANIZATION OF THE PROVISIONAL GOVERNMENT.
Note. This was the opening address in the ceremonies dedicating the monument erected on the ground where the vote for organization was taken.
The great historic event whose fifty-eighth anniversary we meet on this occasion to commemorate was of greater importance and has been more far-reaching in its consequences than could have been supposed by any of those who took part in its proceedings. When, upon this exact spot fifty-eight years ago to-day, Joe Meek, in his impulsively patriotic manner, called for a "division,and, taking his stand apart from the others, asked all those who were in favor of an organization to follow- him, he could not have foreseen, neither could his compatriots, the future great commonwealth to be reared upon an enduring foundation, the corner stone of which was that day so dramatically provided; but all governments have their beginnings, and where they are not the result of a revolutionary overthrow of some former one, but spring from the necessities of pioneer settlers, they are usually the offspring of an unselfish endeavor and a purpose to protect life, liberty, and property impartially and effectually.
A truthful recital of the circumstances surrounding the early occupation and settlement of Oregon reads like a well-prepared romance. The situation was wholly unlike that pertaining to the early occupancy of any other portion of our entire country. When the early American immigrants began to come here in considerable numbers, the "Oregon country' was not a part of any nation, but was resting under a not well defined claim of both the United States and of Great Britain. It was, indeed, an independent community, really owing allegiance to no higher power, and was, in fact, for some years after its inception, a pure democracy. The early settlers referred to the United States as a foreign country. The early archives are full of such references, and as late as the seventeenth of December, 1847, the legislature passed an act appropriating $500 "to defray the expenses of J. L. Meek as special messenger to the United States."
It is both interesting and profitable to note that the early efforts towards establishing a civil government were marked by that simplicity and sturdy economy that characterized the pioneers in their daily lives. It was the ground work for that predominating feature in our present state constitution, inserted by the successors of these men in a later decade, which limits the number of state officers performing the principal duties of the state government belcw that prevailing in any other state in the Union.
The meeting held on this spot fifty-eight years ago has passed into history as the "Wolf meeting," but was really an adjourned meeting from a prior one held on the second of February of the same year, at the Oregon Institute, and another held on the first Monday of March at the house of Joseph Gervais, both of which were held for the purpose of "taking into consideration the propriety of adopting some measures for protecting our herds," etc.
In view of recent legislation in our state it is interesting to note that the meeting held at the residence of Joseph Gervais on March 1, 1843, passed a full-fledged scalp bounty law. I will quote the report of the committee, which had been appointed at the February meeting for the purpose of taking the initiative in the matter of subduing the predatory wolves:
"Your committee beg leave to report as follows:
"It being admitted by all, that bears, wolves, panthers, etc., are destructive to the useful animals owned by the settlers of this colony, your committee would respectfully submit the following resolution, as the sense of this meeting, by which the community may be governed in carrying on a defensive and destructive war against all such animals:
"Resolved, 1. That we deem it expedient for this community to take immediate measures for the destruction of all wolves, bears, and panthers, and such other animals as are known to be destructive to cattle, horses, sheep, and hogs.
"2. That a treasurer be appointed who shall receive all funds and dispense the same, in accordance with drafts drawn on him, by the committee appointed to receive the evidences of the destruction of the above-named animals; and that he report the state of the treasury by posting up public notices once in three months in the vicinity of each of the committee.
"3. That a standing committee of eight be appointed, whose duty it shall be, together with the treasurer, to receive the proofs of evidences of the animals for which a bounty is claimed, having been killed in the Willamette Valley.
"4. That a bounty of fifty cents be paid for the destruction of a small wolf; $3.00 for a large wolf; $1.50 for a lynx; $2.00 for a bear, and $5.00 for the panther.
"5. That no bounty be paid unless the individual claiming said bounty give satisfactory evidence, or by presenting the skin of the head, with the ears, of all animals for which he claims a bounty.
"6. That the committee and treasurer form a board of advice to call public meetings, whenever they may deem expedient, to promote and encourage all persons to use their vigilance in destroying all the animals named in the fourth resolution.
"7. That the bounties named in the fourth resolution be limited to whites and their descendants.
"On motion it was—
"Resolved, That no one receive a bounty (except Indians) unless he pay a subscription of $5.00.
"It was moved and seconded that the Indians receive one half as much as the whites.
"It was moved and seconded that all claims for bounties be presented within ten days from the time of becoming entitled to said bounties, and, if there should be any doubts, the individual claiming the bounty shall give his oath to the various circumstances, which was carried."
In the mean time, however, it was becoming apparent to the settlers of the Willamette Valley that the protection of their own lives and rights, as well as their herds, could not be longer safely postponed. There can be no doubt that the Champoeg meeting had this end chiefly in view, although the intention had evidently been largely confined to the knowledge of those who sympathized with an American government.
An incident which emphasized this necessity was the death of Ewing Young on February 15, 1841. Mr. Young was the wealthiest American citizen in the country, and, leaving no will or heirs, as far as was known, and there being no probate officer, the distribution of his property was a question of great importance . His property finally went to the territorial government, but it required some years to effect this result. On December 11, 1845, Mr. Garrison presented a petition to the provisional legislature "from Daniel Waldo and Thomas Jeffries, in relation to the estate of Ewing Young." Reference is made to the same matter in the Oregon archives on December 17, 1845, on December 4, 1846, and again on the eighth. The matter was finally disposed of by an act passed December 24, 1846, and which reads as follows:
"Section 1. Be it enacted by the legislative committee of Oregon, that the executive power shall appoint an administrator to close up and collect the debts due the estate of Ewing Young, deceased, and such administrator shall proceed as soon as possible to wind up the business of said estate.
"Section 2. That the executive power shall cause to be let out to the lowest bidder the building of a substantial log jail at Oregon City, to be finished in such time and manner as they may think proper, and shall take such bond and security as may be sufficient to secure its completion.
"Section 3. That said administrator shall pay all moneys collected by him belonging to the estate of said Young, deceased, to the treasurer of Oregon, whose duty it shall be to give the said administrator a receipt for the same.
"Section 4. That the sum of $1,500 be and the same is hereby appropriated for the building of said jail, to be paid out of the first moneys received from said administrator of said estate, and in the event there is not so much received, then the balance to be paid out of any money in the treasury not otherwise appropriated.
"Section 5. That the faith of this government is hereby pledged for the payment of all moneys hereafter received from the administrator of the estate Of said Young, whenever the same shall be lawfully claimed, and said claim established by the heirs or creditors of said Young.
"Section 6. That the executive power shall be authorized to receive a lot donated by John McLoughlin for the purpose of erecting said jail, which lot shall be conveyed to Oregon agreeably to a communication of said John McLoughlin, addressed to a committee of this house appointed to wait upon him.
"Section 7. That said jail shall be used alike for the imprisonment of all criminals in Oregon.
"Passed December 24, 1846.
"(Signed)M. M. McCarver,
Speaker."
The intention of our sturdy fathers to do absolutely the right thing at all times is well illustrated in the seventh section of this act, in its comprehensive provision for "the imprisonment of all criminals in Oregon," in this proposed jail. Whether the jail was ever built in accordance with the requirements of this act is somewhat doubtful, since it is recorded that on December 13, 1847, a year later, "Mr. Nesmith, from the committee on judiciary, to whom was referred that portion of the governor's message relating to the erection of a jail, reported they deemed it inexpedient in the present embarrassed condition of finance, to incur the expense of a jail."
Although the estate of Mr. Young was collected into the treasury, it was never regarded as the absolute property of the territory. In the territorial liabilities, the amount of $2,615 is given as "collected from the estate of Ewing Young." In after years, when Oregon had become a state, the value of his property was refunded to his son, Joaquin Young, in New Mexico.
The government organized here fifty-eight years ago "by the inhabitants of the Willamette settlements," consisted of a legislative committee composed of the following honored pioneers, to wit: Messrs. Hill, Dougherty, Shortness, Hewell, Hubbard, Gray, O'Neil, Moore, and Beers. Other civil officers were chosen, a major and captains were selected and instructed to enlist men for companies of mounted riflemen. The per diem of the members of the legislative committee was fixed at $1.25, the money to be raised by subscription, and the meeting adjourned to convene again on the fifth of the following July. For the purpose of protecting the public treasury, however, it was provided that the legislative committee should not sit over six days.
In pursuance of the duties imposed upon it, the committee met upon the sixteenth of the same month, and was in session on the sixteenth, seventeenth, eighteenth, nineteenth, and the twenty-seventh and twenty-eighth of June. The meeting was held at "Willamette," presumably Oregon City, and, having occupied the entire six days at their disposal (a precedent, by the way, which has been followed religiously by their descendants) adjourned to meet at "Champooick," on the following fifth of July, in order to report their proceedings to "the people." The official title of this gathering is "Public meeting, held on the fifth of July, 1843," and the opening statement is to the effect that "the inhabitants of Oregon territory met, pursuant to adjournment, to hear the report of the legislative committee, and to do such other business as might come before them.' No credentials were necessary to entitle one to a legal participation in the proceedings of this meeting. It was composed of the "inhabitants of Oregon territory," and as such they were laying the foundations of one of the best systems of state government to be found to-day in the entire Union.
This was a period when the people met and enacted their own laws, and may be said to have been the halcyon days of the initiative and referendum, in its fullest simplicity, but it could not last long with that comprehensive exercise of public privileges. Its universality is well illustrated, however, by this quotation from the official record of June 28, 1844, when Mr. Garrison introduced the following resolution, which was referred to the committee of the whole, but which was never acted upon, so far as the records show:
"Resolved, That whereas the people of Oregon, assembled en masse, did on the second day of May, A. D. 1843, resolve that no tax should be levied upon this people, confirming the same by the adoption of the report of the committee of ways and means, adopted by the legislative committee and referred to the people en masse, and by them enacted on the fifth day of July, 1843; therefore
"Resolved, That this house has no right to levy a tax of any kind without the consent of the free voters of this territory previously obtained.
"Resolved, That all acts and parts of acts on that subject, passed by the legislative committee, were contrary to the express resolution and action of the people. The preserved record of that meeting held at this place fifty-eight years ago makes no mention of the passage of the resolution here referred to, but such action must have been taken, which seems to indicate that the vision of our fathers did not reach far into the future if they expected to maintain a government without levying taxes upon the people. By following the official records it will be seen that eighteen months later than this, to wit, on the nineteenth of December, 1845, this law was approved by Governor Abernethy:
"Section 2. The governor of Oregon is hereby authorized to give public notice throughout Oregon, either by publishing the same in the newspaper, or otherwise, that he will receive sealed proposals from all who may desire to give donations to the government for the purpose of erecting public buildings and locating the seat of government—said proposal to state the amount to be given and the kind of property in which it is to be paid. It might be said, in connection with this proposition, that the manner in which our assessments are disregarded at present in many cases amounts to little more than a voluntary contribution on the part of some of our counties towards the support of the state government."
In this connection it is interesting to recall that when the territorial legislature met in Oregon City on the seventh of December, 1847, during the afternoon session the record says that Mr. Hembree, from the committee appointed to procure a room, reported that the room now occupied by Stephen Meek could be obtained for $1.25 per day, "which report was adopted;' but the next day the record says the report, on motion of Mr. Nesmith, was rejected. No reason whatever is assigned for this very disrespectful treatment of Mr. Meek, but the house adjourned to "meet at the Methodist Church in thirty minutes!"
At the beginning of the session of 1846, Mr. Meek reported as follows:
"Mr. Speaker, the committee appointed to procure a room for the use of the legislature beg leave to report that they have discharged their duty by examining a room proposed by Mr. Knighton, at $2.00 a day, and one proposed by Mr. Card at —— a day. Taking everything into consideration, we recommend the former." And at the opening of the session as late as 1848, Mr. Crawford, of Marion County, reported: "Your committee, to whom was referred the procuring of a house in which to hold the present session of the legislature, beg leave to report that they have examined several houses, and have decided in favor of the one owned by G. W. Rice, which, together with wood for the session, can be had for $5.00 per day, in scrip."
In connection with the other features of the early troubles of our fathers, in the matter of proceeding with their legislative sessions, they at least seemed to be exempt from the speculative tendency to corner the wood supply for state institutions, although there are more trees growing in Oregon to-day than there were sixty years ago.
On the twentieth of July, 1849, although the territorial government was fully inaugurated, the following resolution was introduced and adopted:
"Resolved, That a committee of two be appointed on the part of the house to act in conjunction with a like number to be appointed by the council, to inquire into the expediency of the two houses adjourning until after harvest.' In accordance with the terms of this joint resolution, both houses adjourned on the twenty-eighth of July, and reconvened on the twentieth of August, which was "after harvest."
The journal for the session of the legislative committee held on May 19, 1843, recites that "the house adjourned by uniting in prayer.' On June 30, 1845, Mr. Gray presented a communication from Rev. H. Clark, "resigning his appointment as chaplain of the house,and Messrs. Garrison, Straight, and Gray were appointed a committee to procure another chaplain. On the following day, it is recorded that Mr. Garrison, from the committee to procure a chaplain, reported that "no person could be found to perform the duties of that office."
It will be profitable for the younger generation of Oregonians, who are accustomed to behold costly and modern public buildings, and to read of general appropriation bills amounting to near $1,000,000 per annum, to be reminded that the appropriation bill for the year 1845 was $1,035, and that $500 of it went to pay the members, $40 to the clerk of the house, and $20 to the engrossing clerk. My recollection is that the amount paid for clerk hire during the last session was somewhat in excess of this sum.
The legislative committee, which was the direct successor of the one elected here on the second day of May, 1843, met in regular session at Oregon City on the sixteenth of December, 1844, at the house of J. E. Long. Two days later the report of the treasurer was presented, and is as follows:
"Received of collector of taxes, $313.31; for license, two ferries, $40; one fine, $5.00; total receipts, $358.21. Expended for stationery, $20.38; Mr. Hathaway's house, $15; Judge Babcock's salary, $60; services of secretary in house, $20; total, $115.38; balance remaining in treasury, $242.83."
Marion County was known as Champoeg County until the name was changed by the legislature on the third of September, 1849. On the twenty-eighth of August, 1849, it was "Resolved, that the county seat of Champoore County be and the same is hereby located at the Town of Salem, in said county." In the early printed records the name is spelled "Champoeg," "Champoore," and "Champooick." It is a matter to be regretted that the name of this county was ever changed. It is an Indian name, signifying "the place of the camp," is fully as euphonious as those other Indian names, Clatsop, Tillamook, Clackamas, and Multnomah, and should have been preserved along with them as a memento of the earliest patriotic efforts of our pioneer fathers.
But I must not trespass upon the material to be used by the distinguished speakers who are to follow me. The field for retrospective research is as unlimited as it is remarkably fascinating. It is not only fitting that these commemorative ceremonies should be held through the great respect we have for the fathers who builded here nearly sixty years ago, even better than they knew, but for the additional reason that it will have a tendency to awaken a renewed interest in early Oregon history among those whose lives have begun since the events of those stirring times which have passed forever into the annals of our state. I have recently spent a few hours looking through the archives of our early history, now in the office of the secretary of state, and found it a very interesting and profitable pastime.
Of those who figured prominently in the history of our early affairs few are left. Our distinguished and honored fellow-citizen, Hon. F. X. Matthieu, is the only survivor of that immortal band, who, by their patriotic action here fifty-eight years ago, made this spot sacred for all time to every loyal Oregonian. He should be comforted by the assurance that he has the united hope of all the people of the state he so nobly served, when his attitude seemed to demand a special sacrifice, that he may live many years yet to enjoy the fruits of his early efforts in its behalf. Even of those who rendered valuable service to the budding commonwealth a decade later, none are in active life now that I recall, except our "Grand Old Man," Hon. George H. Williams, and Judge R. P. Boise. I believe Judge Boise has seen longer service in the public affairs of Oregon than any other man who has ever been one of its citizens. On the twelfth of December, 1853, Hon. J. D. Boon, who was the territorial treasurer, mentions in his report to the legislature that on the seventeenth of December, 1852, he "paid R. P. Boise, per order, No. 21, filed in this office, $300." I think Mr. Boise was elected prosecuting attorney about 1853, and has been almost continuously in the judicial service of the state since, and now, at the age of eighty years, he is physically hale, strong mentally, has yet four years to his credit in his present term as circuit judge in the third district, and is rounding out an active and creditable career in the state he helped to found, and is enjoying the esteem and confidence of all his fellow-citizens.
To these names should be added, however, those of Hon. H. W. Corbett, the pioneer merchant, banker, and philanthropist, and Hon. A. Bush, who for many years was the territorial printer and editor of the Oregon Statesman. Both of these distinguished gentlemen are still at the head of large business interests and are as strong mentally as fifty years ago.
After a life of great honor and usefulness to his adopted state, Nesmith sleeps on the banks of the Rickreall, near the old homestead he loved so well, and where all his active life was spent, when not in the service of the commonwealth. The older members of the Applegate family have long since gone to rest among the lovely hills of Southern Oregon, where they selected their homes more than a half century ago, and which they so bravely helped to wrest from the murderous Indians of that section. Waldo and Newell and the elder McBride, and Deady and Smith and Lane, and scores of others of equal eminence and usefulness have long since gone to that undiscovered country; but, although men may come and men may go, human responsibilities and duties never cease. It is a part of the history of the human race that younger generations have always proven themselves, able to assume and to successfully discharge the duties falling upon them, and it is believed that the native sons and daughters of Oregon, assisted by those who have come among them, will prove no exception to this historical fact. Their devotion to the welfare and honor of their beloved state is unbounded and immeasurable, and their every effort should be given to its continued development along such lines as will contribute to the advancement and betterment of all its people.
So we come to-day to dedicate this monument, and the beautiful spot upon which it stands, to the people of Oregon for all time, in memory of the patriotic men whose names are thus recorded as being our oldest pioneer state builders. Sixty years ago there were less than thirty-six white male settlers within the entire boundary of what now constitutes the great State of Oregon. From this small beginning, and within a time that is comparatively short, has grown the magnificent state of which we are all so proud, and of whose possibilities, who can portend?
The panorama which met the sight of the first pioneers who came to the Willamette Valley must have been inspiring beyond description, and in contemplating the beauties of a great country like this, before it had been scarred by the hand of ambitious man—while it was still in that condition as when first made by
"Our fathers' God, from out whose hand
The centuries fall, like grains of sand,"
it is doubtful whether, after all, real beauty is added to it by all the results of all the output of human energy. The encroaching forests and these adjacent hills, which to-day so gracefully lend their charm to the rapid march of maturing civilization, had never heard any sound save the occasional war whoop of the "untutored Indian." The then mystic country, "Where rolled the Oregon," was not far away, but the continuous woods adorned the banks of the near-by river even to the very spot where we are now assembled. Since a time when all calculation is lost in hopeless obscurity the wonderful falls, only a few miles below, had been engaged in a ceaseless round of majestic activity, and then the river moved on, as now, to join the great Columbia, which, we are told, "is sired by the eternal hills, and wedded to the sea"; and, for ages to come, may the faithful history of Oregon be so unruffled by the jar of discordant civic or industrial elements that its counterpart will be found in the characteristic placidity of the "Beautiful Willamette," as, reflecting the luxuriant foliage which adorns its banks with inspiring pictures familiar to us since earliest childhood, it moves majestically onward to its home in the great Pacific.