A History of Oregon, 1792-1849

“Now, fellow-citizens, let us look calmly at our true situation. We are two thousand five hundred miles from any point from which we can receive the least assistance by land; and seventeen thousand miles by water. A portion of our community are organized and ready to protect themselves, and to defend all their rights and interests. Another organization of a religious character is in our midst, – I should say, two. They each have a head – an executive. How is it with us? Who is our head in all that pertains to our civil liberty, rights, and property? It is possible the gentleman may wish us to remain as unprotected, as helpless and exposed to all the dangers that surround us on every hand, as we have heretofore been. If he does, you, fellow-citizens, I am sure, do not wish to add to his feebleness by destroying the organization you have commenced, because he is afraid of what some Cæsar did in Rome some centuries past. We are acting for ourselves and those immediately dependent upon us for protection. In union there is strength. I believe you are fully satisfied that your committee have acted honestly, and, as they thought, for the good of all they represented. If such is the case, you will approve of their acts, and our organization will be complete as they have prepared it for this meeting.”

On the question being taken, there were but two or three votes against the executive, or fifth section. Mr. Lee informed the writer that he saw plainly enough that the meeting was determined to have a government of some kind, and that probably the Executive Committee was the best at first. This point gained, the remainder was soon disposed of.

The marriage fee was changed, in the seventeenth article, from three dollars to one dollar.

The resolution referred to as the nineteenth was: “Resolved, That a committee of three be appointed to draw up a digest of all the laws and proceedings of the people of this Territory, in relation to the present provisional government, and the reasons for forming the same; and forward said digest and report to the Congress of the United States for their information.” Rev. Jason Lee, Rev. Gustavus Hines, and Mr. C. M. Walker were chosen that committee, and instructed to have access to all public documents, and to call upon any individual for any information they might deem necessary in carrying out their instructions.

That committee, so far as performing their duty and carrying out the wishes of the people were concerned, did the same as the reverend Legislative Committee did in 1841; they neglected the thing altogether, and paid no attention to the object of the resolution. Still, at the present day, when the same reverend gentlemen are charged with having done all they could against the early settlers’ government, they attempt to repel the charge, and take great credit to themselves for the perseverance of others in securing permanent laws and protection for themselves and the settlements.

Messrs. Beers, Hill, and Gale, were chosen by ballot as the first Executive Committee.

Hugh Burns, who had been chosen at the May meeting as justice of the peace, had resigned, and Robert Moore was chosen to fill his place.

The committee had prepared a full list of the laws of Iowa, to recommend for the adoption of the people, which was presented and read, some slight amendments made, and the list adopted.

The report of the Legislative Committee was adopted as a whole; and on motion it was “Resolved, That the president of the convention assisted by the Rev. Messrs. Lee, Clark, and Leslie, be a committee to draft and administer an oath of office to the civil officers elected on the 2d of May, 1843, and that said officers be required to subscribe to the same; and administer the oath to the supreme judge, who shall hereafter qualify all civil and military officers to be elected by the people.” At this point, a question arose in the mind of the last-named committee, whether they would proceed that night to administer the proposed oath, or defer it till some other time. There were some earnest and determined men in that convention, who were not to be defeated at the last moment by the disposition of these reverend gentlemen to delay the concluding ceremony of drafting and administering the oath of office to the persons the people had chosen. To relieve them of all doubt as to the wish of the convention (although it was then nearly dark), it was moved and carried, “that the committee to qualify officers proceed to the performance of their duty, as far as practicable, this evening.” Judge Wilson was not present.

Rev. Jason Lee noticed that Mr. Beers received the smallest number of votes given for any member of the Executive Committee. This to him, and probably to Messrs. Leslie and Hines, was unaccountable; but not so to us, who understood the general feeling of opposition against the rule of the missionaries and their large claims to land; as also the secret prejudices excited against them by the Hudson’s Bay Company and the Jesuits, who attributed the entire government movement to them, while the organization was that of the settlers unaided by any mission, except individual members of the Protestant missions. This was probably the reason for the proposition to delay qualifying the officers elected, and carrying out the decided wish of the convention. This fact simply shows a reluctant assent to the organization by the principal members of the missions. The French address showed the feelings of the French and Catholics, while the Hudson’s Bay Company stood entirely aloof from it, and expected to defeat the whole movement by the influence of such men as the Rev. G. Hines, Dr. White, Robert Newell, and the Indians.

We have two copies of the organic laws adopted by the people at Champoeg; one published by Charles Saxton in 1846, and the other by the compiler of the Oregon archives in 1853. That published by Mr. Saxton corresponds nearer with our own recollections of the facts of the case; hence we will copy them as given by him.

CHAPTER XLV

Organic laws. – Resolutions. – Districts. – Militia law. – Land claims. – Certificate.

The Legislative Committee recommend that the following organic laws be adopted: —

We, the people of Oregon Territory, for purposes of mutual protection, and to secure peace and prosperity among ourselves, agree to adopt the following laws and regulations, until such time as the United States of America extend their jurisdiction over us: —

Section I

Be it enacted by the free citizens of Oregon Territory, That the said Territory, for the purposes of temporary government, be divided into not less than three, nor more than five, districts; subject to be extended to a greater number when an increase of population shall require.

For the purpose of fixing the principles of civil and religious liberty as the basis of all laws and constitutions of government that may hereafter be adopted, Be it enacted, That the following articles be considered articles of compact among the free citizens of this Territory.

Article 1. No person demeaning himself in a peaceable or orderly manner shall ever be molested on account of his mode of worship or religious sentiments.

Art. 2. The inhabitants of said Territory shall always be entitled to the benefit of the writ of habeas corpus and trial by jury, of a proportionate representation in the Legislature, and of judicial proceeding according to the course of common law. All persons shall be bailable, unless for capital offenses, where the proof shall be evident, or the presumption great. All fines shall be moderate, and no cruel or unnatural punishments inflicted. No man shall be deprived of his liberty but by the judgment of his peers, or the law of the land; and should the public exigences make it necessary, for the common preservation, to take any person’s property, or to demand his particular services, full compensation shall be made for the same. And in the just preservation of rights and property, it is understood and declared that no law ought ever to be made, or have force in said Territory, that shall in any manner whatever interfere with, or affect, private contracts, or engagements bona fide made and without fraud previously formed.

Art. 3. Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged.

Art. 4. The utmost good faith shall always be observed toward the Indians, their lands and property shall never be taken from them without their consent, and in their property, rights, and liberty, they shall never be invaded or disturbed, unless in just and lawful wars, authorised by the representatives of the people. But laws, founded in justice and humanity, shall, from time to time, be made, for preventing injustice being done to them, and for preserving peace and friendship.

Art. 5. There shall be neither slavery nor involuntary servitude in said Territory, otherwise than for the punishment of crimes, whereof the party shall have been duly convicted.

Section II

Article 1. Be it enacted by the authority aforesaid, That the officers elected on the 2d of May instant shall continue in office until the second Tuesday of May, 1844, and until others are elected and qualified.

Art. 2. An election for civil and military officers shall be held annually upon the second Tuesday in May in the several districts, at such places as shall be designated by law.

Art. 3. Each officer heretofore elected, or that shall hereafter be elected, shall, before entering upon the duties of his office, take an oath or affirmation to support the laws of the Territory, and faithfully discharge the duties of his office.

Art. 4. Every free male descendant of a white man, inhabitant of this Territory, of the age of twenty-one years and upward, who shall have been an inhabitant of this Territory at the time of its organization, shall be entitled to vote at the election of officers, civil and military, and be eligible to any office in the Territory; Provided, That all persons of the description entitled to vote by the provision of this section, who shall emigrate to this Territory after the organization, shall be entitled to the rights of citizens after having resided six months in the Territory.

Art. 5. The executive power shall be vested in a committee of three persons, elected by the qualified voters at the annual election, who shall have power to grant pardons and reprieves for offenses against the laws of the Territory, to call out the military force of the Territory, to repel invasions or suppress insurrections, to take care that the laws are faithfully executed, and to recommend such laws as they may consider necessary to the representatives of the people for their action. Two members of the committee shall constitute a quorum for the transaction of business.

Art. 6. The legislative power shall be vested in a committee of nine persons, to be elected by the qualified electors at the annual election; giving to each district a representation in the ratio of its population, excluding Indians; and the said members shall reside in the district for which they shall be chosen.

Art. 7. The judicial power shall be vested in a Supreme Court, consisting of the supreme judge and two justices of the peace; a Probate Court and Justice Court. The jurisdiction of the Supreme Court shall be both appellate and original; that of the Probate Court and Justice Court as limited by law; Provided, That individual justices of the peace shall not have jurisdiction of any matter or controversy when the title or boundaries of land may be in dispute, or when the sum claimed exceeds fifty dollars.

Art. 8. There shall be a Recorder, elected by the qualified electors at the annual election, who shall keep a faithful record of the proceedings of the Legislative Committee, Supreme and Probate courts; also record all boundaries of land presented for that purpose, and brands used for marking live stock; procure and keep a record of the same; and also record wills, deeds, and other instruments of writing required by law to be recorded. The Recorder shall receive the following fees, viz.: For recording wills, deeds, and other instruments of writing, twelve cents for every hundred words; and for every weight or measure sealed, twenty-five cents. For granting other official papers and the seal, twenty-five cents; for services as clerk of the Legislature, the same daily pay as members of the Legislature; and for all other services required of him by this act, the same fees as allowed for similar services by the laws of Iowa.

Art. 9. There shall be a Treasurer, elected by the qualified electors of the Territory, who shall, before entering upon the duties of his office, give bonds to the Executive Committee in the sum of fifteen hundred dollars, with two or more sufficient sureties, to be approved by the Executive Committee of the Territory, conditioned for the faithful discharge of the duty of his office. The Treasurer shall receive all moneys belonging to the Territory that may be raised by contribution, or otherwise, and shall procure suitable books in which he shall enter an account of his receipts and disbursements.

Art. 10. The Treasurer shall in no case pay money out of the Treasury but according to law, and shall annually report to the Legislative Committee a true account of his receipts and disbursements, with necessary vouchers for the same, and shall deliver to his successor in office all books, moneys, accounts, or other property belonging to the Territory, as soon as his successor shall become qualified.

Art. 11. The Treasurer shall receive for his services the sum of five per cent. upon all moneys received and paid out according to law, and three per cent. upon all money in the Treasury when he goes out of office, and two per cent. upon the disbursement of money in the Treasury when he comes into office.

Art. 12. The laws of Iowa Territory shall be the laws of this Territory in military and criminal cases, where not otherwise provided for; and where no statute of Iowa Territory applies, the principle of common law and equity shall govern.

Art. 13. The law of Iowa regulating weights and measures shall be the law of this Territory; Provided, The Supreme Court shall perform the duties required of the commissioners, and the recorder shall perform the duties of the clerk of the county commissioners, as prescribed in said laws of Iowa; and proved, that sixty pounds avoirdupois shall be the standard weight of a bushel of wheat, whether the same be more or less than two thousand one hundred and fifty and two-fifths cubic inches.

Art. 14. The laws of Iowa respecting wills and administrators shall be the laws of this Territory in all cases not otherwise provided for.

Art. 15. The laws of Iowa respecting vagrants is hereby adopted as far as adapted to the circumstances of the citizens of Oregon.

Art. 16. The Supreme Court shall hold two sessions annually, upon the third Tuesdays of April and September, the first session to be held at Champoeg upon the third Tuesday of September, 1843, and the second session at Tualatin Plains, upon the third Tuesday of April, 1844. At the sessions of the Supreme Court the judge shall preside, assisted by two justices; Provided, That no justice of the peace shall assist in trying any case that has been brought before the court by appeal from his judgment. The Supreme Court shall have original jurisdiction in cases of treason and felony, or breach of the peace, and in civil cases where the sum claimed exceeds fifty dollars.

Art. 17. All male persons of the age of sixteen years and upward, and all females of the age of fourteen years and upward, shall have the right to marry. When either of the parties shall be under twenty-one years of age, the consent of the parents, or guardians of such minors, shall be necessary to the validity of such matrimonial engagement. Every ordained minister of the gospel, of any religious denomination, the supreme judge, and all justices of the peace, are hereby authorized to solemnize marriage according to law, to have the same recorded, and pay the recorder’s fee. The legal fee for marriage shall be one dollar; and for recording, fifty cents.

Art. 18. All offices subsequently made shall be filled by election and ballot in the several districts upon the day appointed by law, and under such regulations as the laws of Iowa provide.

1. Resolved, That a committee of three be appointed to draw up a digest of the doings of this Territory with regard to an organization, and transmit the same to the United States government for their information.

2. Resolved, That the laws of Iowa – as laid down in the “Statute Laws of the Territory of Iowa, enacted at the first session of the Legislative Assembly of said Territory, held at Burlington, A. D. 1838-9, published by authority in Dubuque, Russell & Reeves, printers, 1839;” certified to be a “correct copy,” by William B. Conway, secretary of Iowa Territory – be adopted as the laws of this Territory.

The Legislative Committee recommend that the Territory be divided into four districts, as follows: —

First District, to be called the Tualatin District, comprising all the country south of the northern boundary line of the United States, west of the Wallamet or Multnomah River, north of the Yamhill River, and east of the Pacific Ocean.

Second District, to be called the Yamhill District, embracing all the country west of the Wallamet or Multnomah River, and a supposed line running north and south from said river, south of the Yamhill River, to the parallel of forty-two degrees north latitude, or the boundary line of the United States and California, and east of the Pacific Ocean.

Third District, to be called the Clackamas District, comprehending all territory not included in the other three districts.

Fourth District, to be called the Champoeg District, and bounded on the north by a supposed line drawn from the mouth of the Haunchauke River, running due east to the Rocky Mountains, west by the Wallamet or Multnomah River, and a supposed line running due south from said river to the parallel of forty-two degrees north latitude, south by the boundary line of the United States and California, and east by the summit of the Rocky Mountains.

The Legislative Committee also recommend the above districts to be designated by the name of “Oregon Territory.”

The Legislative Committee recommend that a subscription paper be put in circulation to collect funds for defraying the expenses of the government, as follows: We, the subscribers, hereby pledge ourselves to pay annually to the treasurer of Oregon Territory the sum affixed to our respective names, for defraying the expenses of government; Provided, That in all cases each individual subscriber may, at any time, withdraw his name from said subscription upon paying up all arrearages, and notifying the treasurer of the colony of such desire to withdraw.

Militia Law

Article 1. The militia of this Territory shall be arranged into one battalion, consisting of three or more companies of mounted riflemen.

Art. 2. That in case of the vacancy of the office of major by death or otherwise, it shall be the duty of the Executive Committee to appoint another whose duty it shall be to serve in the place of such removed officer, until the annual election.

Art. 3. That when a portion of country is so distant, or so situated, that in the opinion of the Executive Committee it would be inconvenient for persons residing therein to belong to an organized company, they shall be organized as a separate company under the command of a captain appointed by themselves, and give due notice to the major of the battalion, and be subject to the same laws and regulations as the other companies of the battalion.

Art. 4. That all companies shall meet once in each year for company inspection upon the last Tuesday in September, well mounted, with a good rifle, or musket, and accouterments for company inspection and military exercise.

Art. 5. It shall be the duty of the major to notify each captain of a company to notify each member of his company of the day and place of each annual meeting of his battalion and company at least six days previous to such time of meeting.

Art. 6. It shall be the duty of each and every male inhabitant, over the age of sixteen years and under sixty, that wishes to be considered a citizen, to cause himself to be enrolled, by giving his name to the proper officers of the militia, and serve under the same, except such as are hereafter excepted.

Art. 7. That fines shall be laid upon all who fail to adhere to the commands of the Executive Committee, and the same shall be expended for ammunition and arms, without delay, and persons appointed to take charge of the magazine wherever the Executive Committee shall direct its location.

Art. 8. It shall be the duty of the Executive Committee to appoint a surgeon to the battalion, who shall serve in his profession when so ordered by the Executive Committee.

Art. 9. It shall be lawful for any commissioned officer in case of invasion, or insurrection, to order out the militia under his command, provided he has sufficient reason for so doing, and give immediate notice thereof to the Executive Committee.

Art. 10. The militia of this Territory shall, with the advice and consent of the Executive Committee, be subject to the call of the authorized agents of the United States government until she may send troops to support the same.

Land Claims

Article 1. Any person now holding or hereafter wishing to establish a claim to land in this Territory, shall designate the extent of his claim by natural boundaries, or by marks at the corners and upon the lines of said claim, recorded in the office of the Territorial recorder, in a book to be kept by him for that purpose, within twenty days from the time of making said claim; Provided, That those who shall be already in possession of land shall be allowed one year from the passage of this act, to file a description of their claims in the recorder’s office.

Art. 2. All claimants shall, within six months from the time of recording their claims, make permanent improvements upon the same, by building or inclosing, and also become occupant upon said claims within one year of the date of such record.

Art. 3. No individual shall be allowed to hold a claim of more than one square mile, or 640 acres, in a square or oblong form, according to the natural situation of the premises, nor shall any individual be able to hold more than one claim at the same time. Any person complying with the provisions of these ordinances shall be entitled to the same process against trespass as in other cases provided by law.

Art. 4. No person shall be entitled to hold such a claim upon city or town lots, extensive water privileges, or other situations necessary for the transaction of mercantile or manufacturing operations; Provided, That nothing in these laws shall be so construed as to affect any claim of any mission of a religious character made prior to this time, of extent not more than six miles square.

Approved by the people, as per minutes, Wallamet, July 5, 1843.

A true copy from original papers. Attest

George W. Le Breton,

Recorder.

Certificate

This certifies that David Hill, Alanson Beers, and Joseph Gale were chosen the Executive Committee of the Territory of Oregon, by the people of said Territory, and have taken the oath for the faithful performance of the duties of their office as required by law.

George W. Le Breton,

Recorder.

Wallamet, Oregon Territory, July 5, 1843.

CHAPTER XLVI

Description of the State House. – Conduct of the French settlers. – Arrival of Dr. Whitman’s party of immigrants. – Prosperity of the settlers. – Change in the policy of the Hudson’s Bay Company. – Their exorbitant claims.

A primitive State House was built with posts set upright, one end in the ground, grooved on two sides, and filled in with poles and split timber, such as would be suitable for fence rails; with plates and poles across the top. Rafters and horizontal poles held the cedar bark, which was used instead of shingles for covering. It was twenty by forty feet. At one end, some puncheons were put up for a platform for the president; some poles and slabs were placed around for seats; three planks one foot wide and about twelve feet long, placed upon a sort of stake platform for a table, for the use of the Legislative Committee and the clerks.