CHAPTER LI.

[11]The Cascade ridge of mountains was found to be high and difficult to pass; and it is doubtful with me if the immigrants succeeded in crossing over with their wagons and effects, into the valley of the Wallamet.

In conclusion, allow me to observe that the sacrifice one is obliged to make in funds of this country, to render them specie, or available drafts, is immense; and it is almost impossible to do it at all, to any amount. Consequently, the doctor finds himself very much embarrassed in his financial concerns, being obliged to draft on his government for his entire expenditures in his official capacity. Be pleased to accept, etc., my dear sir,

While I remain yours,With due regard and great respect,A. Lawrence Lovejoy.

Oregon, August 14, 1845.

The following resolution was introduced and adopted in the House of Representatives of Oregon Territory, this day:—

Resolved, That this House recommend to the favorable consideration of the government of the United States, the just claims of Dr. Elijah White, sub-Indian agent, to remuneration for the heavy expense by him incurred, in attempting to discover a southern pass through the Cascade Mountains.

M. M. McCarver, Speaker.

Attest:J. E. Long, Clerk.

Washington City, Dec. 9, 1845.

Hon. W. Medill:

Dear Sir,—Allow me to say a word in behalf of my friend, Dr. Elijah White, Indian agent in Oregon, who desires to arrange at the department the accounts of his four years’ service in that Territory. Dr. White, with whom I passed the winter of 1844 upon the Wallamet, has had unnumbered difficulties surrounding him, and has performed his duties with great delicacy and happy success. My conviction is, that he has performed services in Oregon, both to whites and Indians, equal to those of several agencies combined, on our western frontier, at a veryinadequate compensation, and with very stinted means. All whom I heard comment upon the administration of his office have accorded to him great praise for ardor and industry; and those among whom he has officially acted will be gratified to hear that he has met a generous reception at the department.

Yours, with great respect,William Gilpin.

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War Department,Office of Indian Affairs,Jan. 5, 1846.

Sir,—The Secretary of War is desirous that you should return to your agency as early as practicable, and has authorized me to say that the Department will allow to you the sum of three hundred dollars ($300) to defray your expenses there.

Instructions in relation to your duties will be given you when you reach this city, or will be forwarded to you at such place as you may designate. An immediate reply will be expected.

Very respectfully, your obedient servant,W. Medill.

Dr.Elijah White, Lansingville, Tompkins Co., N. Y.

Since the above requirement I have been detained here waiting the action of Congress upon the following bill, to release me from the responsibilities of my government protested drafts, which, from the rapid influx of white population to that distant Indian country, the necessities of my position have compelled me to incur.

I am now out of employment, and on heavy expenses, and under obligation, from important engagements, to leave for Oregon soon, in order to reach my destination this fall.

Should the following report of the Senate committee prove satisfactory, and all be persuaded that I have acted correctly, and expended no more than the honor of our government and the necessities of my position required, I will feel greatly obliged if Congress, “now so much relieved from heavy national and public affairs,” will take up my bill and pass it through informally, as these protested drafts crowd and embarrass me much.

The Indian Department have reconsidered the case, and, as the report of the committee will show, done for me what they felt authorized to do; and I now most respectfully pray your honorable consideration to the payment of the residue, that I may go back to the land of my adoption unembarrassed, and happy in the consideration that our Congresswill do right. And that any small presents, and other reasonable expenses to conciliate Indians where our citizens are settling on their unbought lands, will be cheerfully met.

Should any member desire an explanation, please drop me a note, and I will call at the moment required. Only pray act, and let me be off; for I thirst to be on the prairies of the far west, making my way to the valley of the Wallamet.

The documents from the Legislature of Oregon arrived and defeated the doctor.

The following extract is from the report of the Senate Committee on Indian Affairs on the petition of Dr. White:—

“Your committee finds this first charge to be the amount actually and necessarily expended by the petitioner, and believes it to be moderate and equitable, and that it ought to be allowed.“The second charge appears equally just, and to have been made in compliance with the instructions of T. Hartley Crawford, superintendent of Indian affairs, of February 9, 1842, and enforced by the resolution of the Oregon Legislature, expressing the hope that Congress will reimburse the expenses of the petitioner thereby incurred.“The third charge is for moneys actually paid under the specified heads by the petitioner, and for which drafts are now under protest, being disallowed by the department. These accounts, your committee finds, have been suspended by the department under a decision made to restrict the petitioner to the amount allowed by law to sub-agents, viz., $1,250 per annum in all. Your committee believes that these amounts are equitably and justly asked, and should be granted by Congress, although the committee approves of the decision of the department, and thinks, in cases like the present, that such extra allowances should be made only by Congress.“Your committee has had a variety of testimony before it, showing that the affairs of his position have compelled the petitioner to transact and regulate Indian relations among ten large tribes, and many more smaller ones, speaking different languages, and for the most part warlike, excitable, and suspicious people. The Indian population, among whom he has been the only official organ, amounts to twenty-five thousand souls. The petitioner has been left to support himself by his solitary energies and exertions, without the aid of troops, annuities, or the awe which the power of the government exercises over Indians to whom it is known. The prices of all articles (especially provisions), and the wages of interpreters and assistants, and the meansof traveling and transportation are very high, and difficult to be procured.“Your committee believes that the petitioner would be left without any compensation for four years of arduous, harassing, and vexatious services, unless the relief for which he prays be extended to him by Congress.“The committee, therefore, reports the accompanying bill, and recommends its passage, as sanctioned by the equity and justice of the case, and according with the uniform policy and practice of the Congress of the United States in similar cases.”

“Your committee finds this first charge to be the amount actually and necessarily expended by the petitioner, and believes it to be moderate and equitable, and that it ought to be allowed.

“The second charge appears equally just, and to have been made in compliance with the instructions of T. Hartley Crawford, superintendent of Indian affairs, of February 9, 1842, and enforced by the resolution of the Oregon Legislature, expressing the hope that Congress will reimburse the expenses of the petitioner thereby incurred.

“The third charge is for moneys actually paid under the specified heads by the petitioner, and for which drafts are now under protest, being disallowed by the department. These accounts, your committee finds, have been suspended by the department under a decision made to restrict the petitioner to the amount allowed by law to sub-agents, viz., $1,250 per annum in all. Your committee believes that these amounts are equitably and justly asked, and should be granted by Congress, although the committee approves of the decision of the department, and thinks, in cases like the present, that such extra allowances should be made only by Congress.

“Your committee has had a variety of testimony before it, showing that the affairs of his position have compelled the petitioner to transact and regulate Indian relations among ten large tribes, and many more smaller ones, speaking different languages, and for the most part warlike, excitable, and suspicious people. The Indian population, among whom he has been the only official organ, amounts to twenty-five thousand souls. The petitioner has been left to support himself by his solitary energies and exertions, without the aid of troops, annuities, or the awe which the power of the government exercises over Indians to whom it is known. The prices of all articles (especially provisions), and the wages of interpreters and assistants, and the meansof traveling and transportation are very high, and difficult to be procured.

“Your committee believes that the petitioner would be left without any compensation for four years of arduous, harassing, and vexatious services, unless the relief for which he prays be extended to him by Congress.

“The committee, therefore, reports the accompanying bill, and recommends its passage, as sanctioned by the equity and justice of the case, and according with the uniform policy and practice of the Congress of the United States in similar cases.”

We wish to state that the reason for quoting Dr. White’s report so extensively is from the facts embodied in it, wholly independent of his self-lauding statement. Did we not know that Mr. Cornelius Rogers and Mr. H. A. G. Lee were his advisers and interpreters, we would not quote him as at all reliable in any of his Indian councils or proceedings.

1845.—Public meetings to elect delegates to convention.—Candidates for governor.—Members elected to the Legislative Committee.—Oath of office.—Mr. Applegate’s announcement.—Dr. McLaughlin’s amphibiousness.—Description of the members of the Legislative Committee.—Business of the session.—Ermatinger’s election contested.—Mr. Garrison’s resolutions.—Anti-slavery resolution.—Organic law revised.—Improvements and condition of the country.

1845.—Public meetings had been held in most of the districts, and nominations made for the Legislative Committee. Delegates were elected to meet at Champoeg in convention, to nominate candidates for governor, supreme judge, and Territorial recorder.

In this convention A. L. Lovejoy, George Abernethy, O. Russell, and Dr. Bailey were candidates for governor. After several ballotings, Mr. Lovejoy received a majority of the votes, and was declared the regularly nominated candidate. Mr. Russell’s friends were dissatisfied, and in the final vote at the June election, joined with Mr. Abernethy’s friends and elected him, although he was absent from the country. This left the old Executive Committee in power until after the meeting of the Legislative Committee, and revision of the organic laws, which was the first business the committee attended to, and submitted the amended organic compact to the people for their approval.

The members elected were:—

From Clackamas County: H. A. G. Lee, W. H. Gray, H. Straight.

From Champoeg County: R. Newell, J. M. Garrison, M. G. Foisy, and B. Lee.

From Yamhill County: Jesse Applegate and A. Hendricks.

From Tualatin County: M. M. McCarver, J. W. Smith, and David Hill.

From Clatsop County: John McClure.

The oath administered to this Legislative Committee shows the feelings of the mover (Mr. Applegate) toward the Hudson’s Bay Company.

Oath of Office.—“I do solemnly swear that I will support the organic laws of the provisional government of Oregon, so far as the 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.”

In starting from Missouri to come to this country in 1843, Mr. Applegate announced to his traveling companions, as we have been credibly informed, that he meant to drive the Hudson’s Bay Company from the country. To reach the country independent of them, he had sold or mortgaged his cattle to get supplies at Wallawalla. On arriving at Vancouver, he found Dr. McLaughlin to be much of a gentleman, and disposed to aid him in every way he could. The doctor advised him to keep his cattle and gave him employment as a surveyor, and credit for all he required. This kind treatment closed Mr. Applegate’s open statements of opposition to the company, and secured his friendship and his influence to keep his Missouri friends from doing violence to them. He carried this kind feeling for them into the Legislative Committee.

At this point the amphibious disposition of Dr. McLaughlin (a term applied to the doctor, by a member of the company, for his supposed friendship to the American cause) began to develop itself; and in proportion as he favored American interests he fell in the estimation of the company and the English government.

The oath of office presented by Mr. Applegate, and supported by Messrs. Newell, Foisy, McCarver, Garrison, Smith, and Hendricks, shows that these men were favorable to a union with the company or the English party in the country. This would have been right and honorable, had there been a corresponding honorable confidence on their part; but, as the sequel will show, this was not the case. They were willing to favor our organization and give it aquasisupport while it served their purposes and afforded them an opportunity to work for its final overthrow.

As a citizen, Mr. Applegate has been one of our best; as a politician, he has acted on the old Whig platform, that, with him, has never been revised. Though half the American continent has been changed since he adopted it, yet his political creed is the same as that announced by Hamilton in theFederalist. My first impression of him was, that he was better versed in the principles of that party than in those of religion, or the general interests of a new country. The fact that the Hudson’s Bay Company, or rather Dr. McLaughlin, early secured his personal friendship, was the cause of his losing caste among his Missouri friends, and also among the larger portion of the settlers that the company were not disposed to favor. In his legislative capacity he was invaluable. His mind was clear and distinct, and he was generally correct in his conclusions. Though not a good debater, yet his mathematical calculations, and straight lines, always came close to the mark. He was kind and obliging to a friend or favorite, but severe on his enemies.

Mr. Abijah Hendricks, from the same county, was a plain farmer,who followed the lead of Mr. Applegate, causing him to always count two in any vote.

Mr. J. H. Smith, of Tualatin County, was also a plain farmer, and generally voted with Mr. Hill.

Mr. M. G. Foisy, from Champoeg, a Frenchman, followed the lead of Mr. Newell.

Mr. Barton Lee was of the independent Democratic pro-slavery school, generally voting against mission interests, from personal prejudice, and was equally ignorant of and prejudiced against the Hudson’s Bay Company; following the lead of H. A. G. Lee.

J. M. Garrison was a perfect weathercock, and none could tell from his speeches or actions what his vote would be.

H. Straight, of Clackamas County, was a man of strong prejudices and but little legislative ability, pro-slavery in sentiment, and strongly opposed to the company and mission influences. He generally voted with Mr. Hill, of Tualatin District.

John McClure, of Clatsop County, a man of fine appearance and generally respected for his age, but, as a politician, having no influence—merely occupying a place. He was of the pro-slavery school—extremely bitter and sarcastic in his conversation against all who fell under his displeasure, yet liberal to personal friends, and kind to strangers; but severe alike on the Hudson’s Bay Company and religious societies. He was inclined in his own religious ideas to Romanism.

H. A. G. Lee was a young man of talent, firmness, and unimpeachable character. He acted with caution, and generally right. He was not a verbose, but a conclusive debater. In short, the words of a debate were uttered by McCarver, and the conclusions and final action followed Lee, who was always ready, with Applegate and Gray, to do his full share of writing and labor.

As we have before stated, the first business of this Legislative Committee was, to revise and prepare an organic law, which could be submitted for the adoption of the people. The whole number of voters was about eight hundred.

While this was being done by a special committee consisting of H. A. G. Lee, Newell, Applegate, Smith, and McClure,—one from each county represented,—another special committee, consisting of Gray, Applegate, H. A. G. Lee, McClure, and D. Hill, were appointed to draft a memorial and petition, to be forwarded to the Congress of the United States, setting forth the condition, situation, relations, and wants of this country. These two objects occupied the greater portion of the time of this Legislative Committee, during their session of eleven days.

On the third day of the session, the question as to the legality of allowing Francis Ermatinger to hold the office of treasurer came up, and it was finally decided that there were not sufficient grounds for contesting the election. Ermatinger was then a member of the Hudson’s Bay Company, and so was Dr. McLaughlin. Hill and Straight were the only two who voted against Ermatinger’s holding that office. I have no doubt, from the feeling and influence just then operating among the officers and servants of the company and English colonists (which subsequent events have proved), that they were laboring to divide the American influence, by coming in and appearing to act with us. Ermatinger was popular among the Americans, and received the entire French vote, and was declared duly elected by the Legislative Committee.

On the fifth day of the session, J. M. Garrison (I think he was called Rev. in those days) brought in a set of resolutions which speak for themselves.

“On motion of Mr. Garrison—“Resolved, That whereas the people of Oregon, assembleden masse, did, on the 2d day of May, 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 peopleen masse, and by them enacted on the 5th 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.”

“On motion of Mr. Garrison—

“Resolved, That whereas the people of Oregon, assembleden masse, did, on the 2d day of May, 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 peopleen masse, and by them enacted on the 5th 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.”

These resolutions were referred to committee of the whole, where they found a silent grave.

Dr. White by this time is coming up for a big splurge. Our young friend H. A. G. Lee proposes to make him the bearer of our memorial to Congress, by introducing a resolution, “That the clerk be required to furnish to Dr. E. White a copy of the memorial to Congress, as soon as it shall be properly signed, as per resolution of yesterday.”

This resolution elicited a little discussion, and a statement that Dr. White was not to be trusted with any public document to the government, as he would more than probably change, or so arrange those documents as to secure his own personal ends, whatever they might be. By those unacquainted with Dr. White this was considered strange and unreasonable prejudice against him; so that on the final questionthere were but Gray, Hill, and Straight who voted against placing the documents in his hands.

On the last day of this session Mr. Applegate introduced a test question on the subject of slavery, precisely the same as that introduced by Garrison four days previous.

“Resolved, That this government can recognize the right of one person to the services of another only uponbona-fidecontract made and entered into, and equally binding on both parties.”

Yeas—Applegate, Gray, Smith, McCarver, Garrison, Hill, H. A. G. Lee, Hendricks, and Foisy—10.

Nays—Straight, B. Lee, and McClure—3.

We must now adjourn our Legislative Committee a few days, and see what is going on outside.

The organic laws of the people first adopted at Champoeg, July 5, 1843, had been revised, and unanimously adopted by the Legislative Committee, and submitted for the vote of the people, July 26, 1845.

On page 431 of Mr. Hines’ book, he says: “In the spring of 1844 a new Legislative Committee was elected, which embraced two or three lawyers, who arrived in the country the previous fall. This committee passed a vote recommending several important alterations in the organic laws, which were found to be, in their practical operations, somewhat defective. As the people had not yet surrendered their law-making power into the hands of the Legislative Committee, it was necessary to call an election to ascertain the will of the people in relation to the proposed alterations and amendments. This election took place, and resulted in the adoption of the organic laws, with the proposed alterations and amendments, by an overwhelming majority. The principal alterations thus effected relate to the three powers of government,—the legislative, executive, and judicial. Instead of a committee of nine, whose acts were to be confirmed or rejected by a subsequent vote of the people, the legislative power was vested in a House of Representatives, to consist of not less than thirteen nor more than sixty-one members, possessing all the powers usual to such bodies. Instead of a committee of three, the executive power was vested in one person, to be elected by the qualified voters at the annual election, and possessing the powers common to the governors of the different States.”

We are unable to understand Mr. Hines when he says, “As the people had not yet surrendered their law-making power into the hands of the Legislative Committee, it was necessary to call an election to ascertain the will of the people.” This statement shows the ignorance of Mr. Hines as regards the organic laws adopted by the people of Champoeg. Mr. Saxton, who was in the country at the time, and took copies ofthose laws attested by Mr. Le Breton (which have already been given), found an organic law with an executive, legislative, and judicial department, the same as the committee of 1845, and all that was requisite was to revise, select out, and define the powers and duties of the several departments.

As a matter of policy, and to harmonize and consolidate, as much as was possible, all the conflicting interests and influences in the country, the presence of British subjects was admitted, their treaty rights were acknowledged by our laws, and they were admitted to a voice and representation in the provisional government.

The liberal course pursued by the Legislature of 1845 has fixed the deep stain of ingratitude and infamy upon the British subjects who participated in our organization, and received its benefits and protection, till they had completed their arrangements for its destruction, just as slavery grew under the fostering care of a liberal and generous government, and then attempted to crush and destroy its protector.

From a review of Mr. Hines’ book, I find that he was on a tour from Oregon to New York by way of China, during 1845 and 1846. This will account for his want of information regarding the political events that were taking place during that time; and also shows the views he entertained on leaving the country.

Dr. McLaughlin had completed his saw-mill and flour-mill at Oregon City. The Milling Company had also put up mills at that place which were now in successful operation, and the country generally was in a prosperous condition.

Dr. Whitman had much annoyance and difficulty with the Indians on account of interference and tales told them by old Toupin, Doreo, Gervais, the priests, and others who were jealous of his labors and success among them.

He had purchased the Dalles station of the Methodist Mission, and engaged Mr. Hinman to occupy it until other arrangements could be made.

Mr. Spalding was engaged in improving his farm, also printing books in the Nez Percé language on his small press, and translating and printing portions of the Bible, for the use of the natives. He had a saw-mill and grist-mill at his station; and about three hundred of his Indians, and one hundred at Dr. Whitman’s, were cultivating patches of ground.

Messrs. Walker and Eells were staying at Cimakain, ready to depart any time, as stated by Mr. Brouillet. On page 9 of his narrative, he says: “A missionary of the Spokans, writing to Dr. Whitman, as early as 1839, has said: ‘The failure of this mission is so stronglyimpressed upon my mind, that I feel it necessary to have cane in hand, and as much as one shoe on, ready for a move. I see nothing but the power of God that can save us.’”Query.—Where did Rev. Vicar-General Brouillet get this letter, and for what purpose did he preserve it? Did he find it among Dr. Whitman’s papers, when he was hunting them over to find the vial of poison to show the Indians as per deposition in the case?

Brouillet continues: “These facts and statements prove clearly, I think, that there existed among the Indians, long before the arrival of the bishop of Wallawalla and his clergy,strong causes of dissatisfaction against the Protestant missionaries and the Americans in general, and that they formed a leaven that had been fermenting several years.” This statement of Vicar-General Brouillet is unquestionably true, but, unfortunately for him, he is standing on the outer line of the circle, and has no personal knowledge of inside influences; hence he reasons from effect and guesses at the cause. He is anxious to so arrange cause and effect, as to remove suspicion of crime from a sect, and thereby involves his friends and himself, and furnishes the strongest proof of the complicity and guilt of both in the crime alleged against them. The “leaven” that had been fermenting is just what we are bringing to light.

The Hudson’s Bay Company were repairing and strengthening their forts, under the plea that they wished some bastions from which they could salute her Majesty’s ships on their arrival and departure from the river; at the same time they were laboring to secure political influence in the settlements, through their American dupes and tools.

While combining the Indian tribes, they were encouraging Jesuitical religious teachers among them; and while preparing for self-defense, they were dividing the settlement into parties and factions.

The Methodist Mission influence was but little, and mission credit was worse than greenbacks in 1864. As to commerce, it was nearly or quite under the control of the Hudson’s Bay Company, also the market value of all produce in the country.

1845.—Second session of the Legislative Committee.—Mr. McCarver removed from the office of Speaker.—Mr. Applegate’s resolutions.—Protest of Gray, Foisy, and Straight.—A legislative incident.—Law against dueling.—Dr. White addresses the Legislature.—Resolutions.—Dr. White denies the right of the settlers to organize a provisional government.—McCarver signs documents without authority.—Resolutions by the house on the subject.—Impertinent letter from Dr. White to the house.—White cornered by President Polk.—Incidents in White’s temperance movements.—Proposition to repeal all laws for the collection of debts.—The Currency act.—Adjournment of the Legislature in August.—Meets again in December.—Proposal to locate the capital.

The Legislative Committee, at their second session, August 5, 1845, met under the revised and amended organic law, which had been previously adopted by the people by a majority of two hundred and three. There were between two and three hundred votes against the revision or amendments. Many voted against it, on account of its allowing the Hudson’s Bay Company’s English and French followers an equal voice with the Americans and others, and on account of its allowing the Legislature the power toregulatethe introduction, manufacture, and sale of liquors.

McCarver claimed that he was Speaker of the house, under the organic law as revised. This caused some discussion and voting and the introduction of a resolution requesting him to resign his position as Speaker, which he declined to do. Gray moved that the vote electing him Speaker of the house be reconsidered. McCarver then proceeded to organize the house, to suit his views of matters, by appointing new committees, and went forward as if no previous committees had been appointed. When his appointments were all made, Gray inquired if, in the opinion of Mr. Speaker McCarver, the house was properly organized. He replied that it was. Gray then appealed to the house, and was sustained, McCarver having denied his own position by appointing new committees. On motion of Mr. Straight, Mr. McCarver was removed from his office as Speaker, and Robert Newell electedpro tem.

Applegate, for reasons never fully explained, introduced two resolutions, which show either a short-sighted view of matters, or a foolish policy on his part, to wit:—

“Resolved, That the people of Oregon are not, in the opinion of this house, morally or legally bound by any acts of the officers or agents of the people not expressly authorized or sanctioned by the instrument in virtue of which they had their official existence.“Resolved, further, That this house can not assume, in behalf of the people, the payment of any debt, or the refunding of any funds borrowed, or otherwise unlawfully contracted or obtained, without first obtaining the consent of the people.”

“Resolved, further, That this house can not assume, in behalf of the people, the payment of any debt, or the refunding of any funds borrowed, or otherwise unlawfully contracted or obtained, without first obtaining the consent of the people.”

On motion, the vote referring said resolution to committee of the whole was reconsidered, when the rules were suspended, the resolution read a second time, and referred to committee of the whole.

On the fifth day of the session, the resolutions of Mr. Applegate were called up, and Messrs. Applegate, Garrison, Hendricks, Hill, H. Lee, B. Lee, McClure, and Smith voted for, and Foisy, Gray, Straight, and McCarver against. Newell asked to be excused. These resolutions had the effect, designed or not, to destroy the credit of the provisional government.

On the sixth day of the session, Gray, Foisy, and Straight presented, and, on motion, were allowed to enter, their protest against their adoption, as follows:—

“Whereas, A resolution, with a preamble, containing a direct and positive censure upon the proceedings of the Oregon government, was introduced into this house by Jesse Applegate, asserting that this house, and the people of Oregon, are not morally or legally bound for any act of said government, to the payment of any debts contracted, or unlawfully borrowed, except they had previously obtained the consent of the people.“And whereas, From the wording of said resolution, two constructions may be placed upon it; the one amounting to a repudiation of all debts heretofore contracted, or money borrowed; the other implying a want of confidence in the agents and officers of this government; therefore,“We, the undersigned, decidedly and solemnly protest against the adoption of any such resolutions or expressions by this house, as they not only do no good, but tend to great evil, in destroying the confidence of the people in the agents and officers of this government, without sufficient cause.“W. H. Gray.“M. G. Foisy.“H. Straight.“Oregon City, Aug. 7, 1845.”

“And whereas, From the wording of said resolution, two constructions may be placed upon it; the one amounting to a repudiation of all debts heretofore contracted, or money borrowed; the other implying a want of confidence in the agents and officers of this government; therefore,

“We, the undersigned, decidedly and solemnly protest against the adoption of any such resolutions or expressions by this house, as they not only do no good, but tend to great evil, in destroying the confidence of the people in the agents and officers of this government, without sufficient cause.

“W. H. Gray.“M. G. Foisy.“H. Straight.

“Oregon City, Aug. 7, 1845.”

The effect of these resolutionswas at once manifest. Measures were taken to procure the launch of thePeacock(which had been left inthe care of Dr. McLaughlin by Captain Wilkes), for a pilot-boat at the mouth of the Columbia. The doctor informed the committee that he was not authorized to give it in charge of any irresponsible parties, without an order from as high authority as that from which he had received it. Hence the launch was allowed to rot upon the beach at Astoria; Mr. McClure, from that place, being one who voted to repudiate responsibility on the part of the provisional government.

On the 11th of August, in the midst of business under the order of the day, Mr. Applegate came in, apparently under considerable excitement, and in quite an earnest manner asked that the rule be suspended, to allow him to presenta bill to prevent dueling. No immediate or pressing reason was assigned, but from the earnest manner of Mr. Applegate, and from what a number of the members knew, or pretended to know, the rule was suspended, Mr. Applegate’s bill to prevent dueling read first time; rule further suspended, his bill read by title second and third time and passed, and on his further motion, a special messenger, P. G. Stewart, Esq., was sent with it to the governor, for his approval and signature; and in half an hour’s time from its introduction and reading in the house it became a law in this vast country, bounded by the Russian possessions on the north, the Rocky Mountains on the east, California on the south, and the Pacific on the west.

Not long after thistelegraphiclaw on dueling was passed, it was discovered that a young man by the name of Holderness had considered himself insulted and slandered by some report said to have originated with Dr. White. Holderness was about to send him a challenge, or at least there was a prospect that they might fight, if either of them had the courage to do so. This law gave the doctor an honorable excuse to decline the challenge, and have Holderness indicted and punished for sending it. This matter was engineered through so handsomely by Mr. Applegate, that Dr. White expressed himselfhighly gratified and pleased.

On the next day, the 12th, Mr. Applegate was honored with an important dispatch from Dr. White, which he presented in due form, together with a resolution of thanks to Dr. White, and an order was entered on the journal to have the doctor’s communication filed for publication. This was not exactly what the doctor wanted, as the sequel will show. He had found that Applegate had the talent and influence requisite to carry through the resolutions necessary to accomplish his purposes.

He, having spent a part of the summer in running about the Wallamet Valley, made a trip over to the coast, and one into the CascadeMountains; wrote a journal of these trips, and presented it to the house through Mr. Applegate. After White’s journal was read, Applegate presented a resolution, that the thanks of this house are due to Dr. E. White and his party for their meritorious exertions to find a passage through the Cascade Mountains, and that his account be filed for publication. On motion,White was allowed to addressthe house, which he did in his usual self-lauding, plausible manner, insinuating the great labor and benefit he had done, in keeping the Indians quiet and in exploring the country. His chaff and bombast secured the co-operation of Robert Newell and Mr. Applegate. On the 14th, Mr. Applegate informed the house that he had in his possession several official documents, belonging to Dr. E. White, which he was requested to lay before the house. The report and documents were received.

On motion of Mr. Applegate—

“Resolved, That, whereas the adoption of the amended organic law by the people of Oregon was an act of necessity rather than choice, and was intended to give to the people the protection which, of right, should be extended to them by their government, and not as an act of defiance or disregard of the authority or laws of the United States; therefore,“It is further resolved, 1st. That, in the opinion of this house, the Congress of the United States, in establishing a Territorial government, should legalize the acts of the people in this country, so far as they are in accordance with the Constitution of the United States. 2d. That Dr. Elijah White, sub-Indian agent of Oregon, be requested to furnish a copy of the amended organic law to the Congress of the United States. 3d. That these resolutions be indorsed on said copy, with the vote of this house adopting the same.”

“It is further resolved, 1st. That, in the opinion of this house, the Congress of the United States, in establishing a Territorial government, should legalize the acts of the people in this country, so far as they are in accordance with the Constitution of the United States. 2d. That Dr. Elijah White, sub-Indian agent of Oregon, be requested to furnish a copy of the amended organic law to the Congress of the United States. 3d. That these resolutions be indorsed on said copy, with the vote of this house adopting the same.”

On the adoption of the above, the vote was unanimous, which vote was taken by yeas and nays; and, on motion, the house decided that the members should not sign their names to said resolutions.

It will be seen by the statement of Applegate in the first part of this resolution, or preamble, that he wished to deny an attempt to resist the government of the United States on the part of the people and provisional government; and the fact that Dr. White had allowed him to examine his official papers, and present them to the Legislative Committee, shows the manner he was working with Applegate to get documents, resolutions, and papers from the Legislature into his hands; also the desperate effort there was made to get a unanimous vote favoring White as the bearer of those documents.

Dr. White had from the firstdenied the rightof the settlers to organize a provisional government unless they would elect him as their governor. Applegate is caught in his trap, as we shall see, and from that day he began to lose his influence, and soon found that he had committed an egregious mistake, notwithstanding he had obtained a unanimous vote, to place those documents in Dr. White’s hands. In order to head off McCarver, the house had voted that the members should not sign their names to the resolutions. McCarver could not withstand the temptation to get his name as Speaker of the Oregon Legislature before the Congress of the United States; so, as soon as the documents came into White’s hands, he went to the clerk and attached his name as Speaker of the house. Newell was not quite satisfied, or rather Dr. White was not; so he got Newell to present a resolution, as follows:—

“Resolved, That this house recommend to the favorable consideration of the Congress of the United States the just claims of Dr. E. White, sub-Indian agent, for a remuneration for the heavy expenses by him incurred, in attempting to discover a southern passage through the Cascade Mountains.”

In the afternoon session the resolution of Mr. Newell was called up, and, on its final passage, the yeas and nays were demanded, and were as follows:—

Yeas—Messrs. Applegate, Foisy, Hendricks, H. Lee, McClure, Newell, Straight, and the Speaker—8.

Nays—Messrs. Gray, Garrison, Hill, B. Lee, and Smith—5.

So the resolution was passed.

Dr. White waited for the passage of this resolution (keeping quiet as to McCarver’s signing the others in violation of the order of the house), and as soon as it was safely in his pocket, left for Vancouver, on his way to the States.

White had no sooner gone, than it leaked out that McCarver had signed the documents, and Whitehad broken the seals, and destroyed private letters intrusted to himto convey to the States, and had made Garrison his confidant respecting breaking open and destroying the letters. Here was a muss on hand such as none but White and McCarver could “kick up.” Applegate was too much excited and insulted by these men to say any thing; but he presented through B. Lee a resolution as follows:—

“Resolved, That M. M. McCarver has been opposed to the organic law, as adopted by the people of Oregon; and, contrary to the voice of this house in regular session, clandestinely, and in a manner unworthy the confidence reposed in him, placed his name to a copy of those laws transmitted to the United States, thereby conveying a false impression; and did, also, sign his name to two resolutions, contrary to a direct vote of this house; therefore,

“It is further resolved, That we disapprove of the course he has pursued, and feel ourselves under the humiliating necessity of signifying the same to the United States government, by causing a copy of this resolution to accompany those documents.”

Which was received, and referred to committee of the whole.

In the afternoon, Dr. J. E. Long, clerk of the house, A. L. Lovejoy, Smith, and Hill were called before the house, and put on oath, to state what they knew of the matter. Mr. Applegate was chairman. The committee rose and reported that they had been engaged in investigating the subject referred to in Mr. B. Lee’s resolution, but had not adopted the resolution. McCarver had been allowed to explain his course.

On motion of Mr. Applegate—

“Resolved, That, whereas a copy of the organic laws of Oregon, together with some resolutions, intended to be sent to the United States, have not been attested and dispatched according to the directions of this house; therefore,“Resolved, That the clerk dispatch for them a messenger, to Vancouver, with authority to bring said documents back, and that he deliver them to the secretary, and that the expenses incurred be paid by the members of this house who voted for the resolution.”

“Resolved, That the clerk dispatch for them a messenger, to Vancouver, with authority to bring said documents back, and that he deliver them to the secretary, and that the expenses incurred be paid by the members of this house who voted for the resolution.”

On the adoption of which the yeas and nays were called, and were as follows:—

Yeas—Messrs. Applegate, Gray, B. Lee, McClure, and Newell—5.

Nays—Messrs. Hill, Smith, and Straight—3.

So the resolution was adopted. Messrs. Foisy, Garrison, Hendricks, and the Speaker were excused from voting.

On motion, the house went into committee of the whole, Mr. Applegate in the chair.

The committee rose, and reported, that the resolution of B. Lee having been under consideration, was laid upon the table.

It is but justice to state that the clerk of the house, J. E. Long, favored Dr. White’s and Mr. McCarver’s course, and allowed McCarver to sign the documents he well knew the house did not wish him to sign. A majority of the house were inclined to believe that White had been slandered; and had McCarver allowed the documents to go as per vote, White’s designs, as stated by his opponents, would not have been revealed; so the messenger was sent for the documents on account of McCarver’s course.

August 16, 1845.—The House met pursuant to adjournment.

The rules were suspended to allow the introduction of resolutions, when, on motion of Mr. McClure, it was

“Resolved, That, whereas the Speaker of this house has signed certain documents, ordered to be sent to the United States by a vote of this Legislature, from a mistaken sense of duty, and not from contumacy or contempt for this house; therefore,“Resolved, That M. M. McCarver, said Speaker, have leave of absence, for the purpose of following Dr. E. White to Vancouver; and this house enjoins that said Speaker erase his name from said documents, to wit, the organic laws, and two resolutions in favor of Dr. E. White.”

“Resolved, That M. M. McCarver, said Speaker, have leave of absence, for the purpose of following Dr. E. White to Vancouver; and this house enjoins that said Speaker erase his name from said documents, to wit, the organic laws, and two resolutions in favor of Dr. E. White.”

On motion of Mr. Applegate, it was

“Resolved, That it was not the intention of this house, in passing resolutions in favor of Dr. E. White, to recommend him to the government of the United States as a suitable person to fill any office in this Territory; and,“Be it further resolved, That the clerk of this house forward, by some suitable person, an attested copy of this resolution, to the United States government.”

“Be it further resolved, That the clerk of this house forward, by some suitable person, an attested copy of this resolution, to the United States government.”

The house appointed J. M. Garrison, Speaker,pro tem.

McCarver, being thus plainly invited, left the house, and found that the clerk’s messenger had already gone for the documents. He returned in the afternoon and induced Mr. Smith, from Tualatin, to present the following resolution:—

“Resolved, That the vote requiring the Speaker to go in quest of Dr. E. White, for the purpose of erasing his name from certain documents in his possession to be by him conveyed to the United States, be reconsidered, and the Speaker restored to the chair.”

On the 18th of August, the arrival of a letter from Dr. E. White was announced, which was read, as follows:—

August 17, 1845.To the Hon., etc.:Gentlemen,—Being on my way, and having but a moment to reflect, I have been at much of a loss which of your two resolutions most to respect, or which to obey; but at length have become satisfied that the first was taken mostsoberly, and, as it answers my purpose best, I pledge myself to adhere strictly to that. Sincerely wishing you good luck in legislating,I am, dear sirs, very respectfully yours,E. White.

August 17, 1845.

To the Hon., etc.:

Gentlemen,—Being on my way, and having but a moment to reflect, I have been at much of a loss which of your two resolutions most to respect, or which to obey; but at length have become satisfied that the first was taken mostsoberly, and, as it answers my purpose best, I pledge myself to adhere strictly to that. Sincerely wishing you good luck in legislating,

I am, dear sirs, very respectfully yours,E. White.

On the 20th, on motion of Mr. Applegate, it was

“Resolved, That the secretary be requested to forward to the United States government, through the American consul at the Sandwich Islands, a copy of the articles of compact, as adopted by the people ofOregon Territory, on the last Saturday of July,A. D.1845; and that the same be signed by the governor, and attested by the secretary; also, all resolutions adopted by this house relative to sending said documents by E. White, late Indian agent of this Territory; also, a copy of the letter of E. White, directed to this house.”

These documents and papers, with depositions respecting White’s opening and destroying private letters, were prepared, duly signed, and sent on to the Sandwich Islands by Captain Couch, of theLausanne, and reached Washington just in time for President Polk to refuse White an important commission in New Mexico. The President, on receiving the documents and learning of White’s course, asked an explanation, which he at first declined to give, on account of an attempt, as he alleged, ofsome low blackguards in Oregon to slander him. The legislative documents were referred to, when he found he was cornered, and left the President’s house without his appointment.

Thus ended, for a time, the official course of a base and unprincipled man, who seemed only to live and move for selfish ends. His influence as a missionary, and as an officer of the government, were alike vile and unprincipled. He sought friends and partisans only to deceive and betray them. Applegate, McCarver, Garrison, Lee, McClure, and Newell were compelled to acknowledge his deception. In fact, no one but the Hudson’s Bay Company could make any use of him, and with them he was considered an irresponsible man, and only useful as a tool to combine the Indians, and divide and destroy the influence of the settlement, as he had done that of the Methodist Mission.

The history of Dr. White, as connected with Pacific City and Spiritualism, and his secret agency under President Lincoln’s administration, are of small moment when compared with the moral blight he fixed on the cause of missions and religion, in his early relations in Oregon. All who have ever attempted to associate with him, or assist him, have been made to feel his immoral influence. He made great professions of sustaining the temperance cause, while acting as Indian agent, and still allowed the Hudson’s Bay Company to do as they pleased with their liquors, without a single word of complaint or remonstrance to the American government, while he pursued a high-handed and injudicious course toward the American citizen in his efforts to prevent the introduction or manufacture of liquors in the country. In his zeal, he hoarded a vessel of which Captain J. H. Couch was master, and asserted his right to search and seize all the liquors he had on board. Captain Couch, knowing his rights and duties better than the Indian agent did his, ordered his men to get ready a couple of swivels he had on board, ranging them fore and aft along the vessel. He then said to Mr. IndianAgent. “If you are able to take my ship, you can search and seize her, and not otherwise.” The doctor found he was dealing with the wrong person, and left, to visit Mrs. Cooper, who had recently arrived in the country from Sydney, New South Wales, with a supply of liquors. He succeeded in getting a dram from “Old Mother Cooper,” as she was called, and inquired if she had any more like it. The old woman had by this time a suspicion of his object, and informed him that, if she had, he could have no more.

Soon after, he learned that Dick McCary had put up a teapot distillery somewhere near his own house. He then got a party of men and went down and destroyed the whole concern, except the kettle, which answered for a bell, upon which he beat and drummed on his way back to Oregon City, and then took an adz and stove a hole in it, thus destroying it. If this had been done on the ground, no exceptions would have been taken to it; but White’s proceedings disgusted the friends of temperance so much, that a few days after, when Newell presented a communication from him to the Legislature, with a bill to prevent the sale of liquor, it was defeated—5 for and 8 against.

The governor, having confidence in the morality and honesty of the people, suggested in his message the repeal of all laws for the collection of debts. He seemed to be of the opinion, that as they had lived and prospered under the mission and Hudson’s Bay Company’s rule without any such laws, the same rule would apply to a more numerous and civilized community. He was sustained in his opinion by Applegate, Hendricks, H. Lee, B. Lee, and Newell—5; Foisy, Gray, Garrison, Hill, McCarver, McClure, Straight, and Smith—8, were of a different opinion.

This vote seemed to annoy Applegate, as he had taken an active part in shaping the governor’s suggestions into a bill to prevent litigation, and he seemed to insist upon the experiment being tried in a more extensive manner in the government of Oregon. It is due to this legislative body and to the governor to state, that none of them had ever had any experience in law-making until they found themselves in a country where there were no laws, and where the representatives were without law-books (with the single exception of a copy of the statutes of Iowa) to guide them. They had to originate, revise, and do as the majority thought best, in all the laws presented. That they were adapted to the time and the people then in the country there can be no question. This shows the innate love of law and order in the American people, as also a disposition to abide by and sustain right principles, though not immediately in the presence of prisons and punishment.

Had there been no foreign influences in the country, it would, perhaps, have been safe to risk the governor’s suggestion, and Applegate’sexperiment. I arrive at this conclusion from my experience in four times crossing the continent, and in visiting the early mining regions of California, British Columbia, and Oregon. In all American caravans and mines, the company and miners make their own laws. In British mines, the government makes the laws, and the revenue officers enforce them. So with the Hudson’s Bay Company and Roman missions: the committee in London, and the pope in Rome, give their subjects certain laws by which to be governed; and whenever those laws come in conflict with the more liberal American idea of government, there is opposition; for the disposition to oppress and the desire to be free can never harmonize. With the one is organized wealth and superstition, backed by irons, flogging, and ignorance. With the other is liberty and the love of right, sustained by intelligence, honesty, and virtue. No one acquainted with the early history of the people of Oregon can fail to admire their virtue and stability, and the firmness they displayed in maintaining their natural rights. We have already explained the secret influences that were combined to hold them in a state of half-savage and half-religious or ecclesiastical vassalage, till some action should be taken by the United States government.

This state of things did not accord with the feelings of a great majority of the people. They had ruled their own individual actions too long to submit quietly to any religious or political power, in which they had no voice. Hence they were ready for any mutual organization, that was of their own choice and creation.

They adopted a system of currency suitable to the time and country. This system became necessary, from the known disposition of the Hudson’s Bay Company to oppress and force payment, in what did not then exist in sufficient quantity to meet the wants of the settlement; besides, they held the commercial power; and here again protection was required. The two petitions to the Congress of the United States of 1840 and 1842 state their policy as to internal matters. The first section of this currency law is:—

“Be it enacted by the House of Representatives of Oregon Territory:1st. That, in addition to gold and silver, treasury drafts, approved orders on solvent merchants, and good merchantable wheat at the market price, delivered at such place as it is customary for people to receive their wheat at, shall be a lawful tender for the payment of taxes and judgments rendered in the courts of Oregon Territory, and for the payment of all debts contracted in Oregon Territory, where no special contracts have been made to the contrary.“2d. The personal estate of every individual, company, body politic or corporate, including his, her, or their goods or chattels, also town orcity property, or improvements claimed and owned in virtue of occupancy, secured and allowed by the treaty between Great Britain and the United States, shall be subject to execution, to be taken and sold according to the provisions of this act; excepting, that wearing-apparel shall not be considered as any part of the estate of any defendant or defendants in execution; and no land claim or improvement upon a land claim, held according to the laws of this Territory, shall be subject to execution; and no stay upon execution shall be permitted or allowed, except by the consent of the party in whose favor the execution has been issued, nor for any time other than the time agreed upon by the parties.“3d. Specifies that personal property shall be sold previous to town lots.“4th. Exempts (if a family) one Bible, one cow and calf, one horse, or yoke of cattle, five sheep, five hogs, household and kitchen furniture not to exceed in value thirty dollars, one stove fixed up in the house, one bed for every two in the family, farming utensils not to exceed in value fifty dollars, one month’s provisions for all the family, all mechanics’ necessary tools, and all the books of private libraries not to exceed one hundred dollars’ worth.”

“2d. The personal estate of every individual, company, body politic or corporate, including his, her, or their goods or chattels, also town orcity property, or improvements claimed and owned in virtue of occupancy, secured and allowed by the treaty between Great Britain and the United States, shall be subject to execution, to be taken and sold according to the provisions of this act; excepting, that wearing-apparel shall not be considered as any part of the estate of any defendant or defendants in execution; and no land claim or improvement upon a land claim, held according to the laws of this Territory, shall be subject to execution; and no stay upon execution shall be permitted or allowed, except by the consent of the party in whose favor the execution has been issued, nor for any time other than the time agreed upon by the parties.

“3d. Specifies that personal property shall be sold previous to town lots.

“4th. Exempts (if a family) one Bible, one cow and calf, one horse, or yoke of cattle, five sheep, five hogs, household and kitchen furniture not to exceed in value thirty dollars, one stove fixed up in the house, one bed for every two in the family, farming utensils not to exceed in value fifty dollars, one month’s provisions for all the family, all mechanics’ necessary tools, and all the books of private libraries not to exceed one hundred dollars’ worth.”

Who says we were not willing to give a poor family a good show to start with in Oregon in 1845?

“5th. Fifteen days’ notice of any sale was to be given.“6th. No property was to be sold for less than two-thirds its appraised value.”

“5th. Fifteen days’ notice of any sale was to be given.

“6th. No property was to be sold for less than two-thirds its appraised value.”

On the second section of this act, there was a long and animated discussion, Newell and Garrison claiming that we had no right to subject the property of the Hudson’s Bay Company, and the Methodist and other missions, to our laws; McCarver and Hill, that we ought to exempt town sites and lots from execution. On its final passage, the vote was Applegate, Foisy, Gray, Hendricks, McClure, Smith, Straight, and H. Lee—8, for; Garrison, Hill, B. Lee, Newell, and McCarver—5, against.

This body adjournedsine dieon the 20th of August, 1845, and in consequence of there being no provision made for a new election in the amended organic compact, they were again called to meet on Tuesday, December 2, 1845, in accordance with the organic law, to arrange and fill up any deficiencies in the offices and laws.

Applegate had resigned. There were present, Foisy, Garrison, Newell, and Barton Lee from Champoeg; Gray and Straight from Clackamas; Hill and McCarver from Tualatin; and McClure from Clatsop.

There were absent, from Yamhill, Hendricks; from Tualatin, J. M. Smith; and from Clackamas, H. A. G. Lee.

Newell, of Champoeg, was elected on the final vote as Speaker; Dr. J. E. Long, clerk.

Jefferson’s Manual, which had for the first time strayed across the Rocky Mountains, was presented to the house, and used to govern its proceedings, so far as it was applicable. I think it must have come into the Multnomah Circulating Library, in part payment for a share in that institution. Gray moved its adoption to govern the proceedings of the house, which was considered organized by the election of Speaker, clerk, and sergeant-at-arms.

On the second day all the members were present except Applegate. The governor was called upon to issue his warrant to fill the vacancy, which he did. I think, however, that no election was held, as no representative appeared to claim the seat.

An effort was made to locate the seat of government, but failed, on account of Dr. McLaughlin not having put in his bid in time to have it considered by the house; and a remonstrance was got up by Ermatinger and the Hudson’s Bay Company’s influence, with sixty names attached, against locating it at all.

This was in accordance with the short-sighted policy of Dr. McLaughlin, aided by the influence secured over the people by such men as Ermatinger, Long, Newell, and McCarver, who had become a resident of Clackamas, while he represented Tualatin County.

The liquor law.—Amended act of 1845.—Message of the governor on the same.—Repeal of the prohibitory and passage of the license law.—Letter of James Douglas.—Reply of Mr. Samuel Parker.—Dr. Tolmie’s resolution on the judiciary.—The governor’s veto of the license law.—Immigration for Oregon and California in 1846.—Arrival of the brig Henry.—The Oregon Printing Association.—TheSpectator, the first newspaper in Oregon.—W. G. T. Vault, first editor.—H. A. G. Lee, second editor.—G. L. Curry, third editor.—Judge Wait, fourth editor.

The Liquor Law.—Peter H. Burnett framed a law on this subject, which was revised by Newell in the summer of 1845, and lost on the final vote. In December, 1845, Gray, from committee on ways and means, reported a bill on ardent spirits, expressing the views, and gaining the approval of a decided majority of the people. Governor Abernethy, in his annual message the next year, expressed an opinion that this law required some amendment, but, by combining the whole liquor influence in the country, the law was repealed, and a license law substituted, by a two-thirds vote over his veto; while, at the same time, nearly two-thirds of the voters of the Territory voted toprohibitthe sale of liquor, instead of toregulateit, as expressed in the organic law.

The law, as reported by the committee of ways and means, was passed December 6, 1845, by the following vote: Gray, Garrison, Hendricks, H. Lee, B. Lee, McClure, and McCarver—7, for; Foisy, Hill, Straight, and Newell—4, against.

On the 8th, the Monday following this vote (Hendricks and Barton Lee having been treated and tampered with), on motion of B. Lee—

“Resolved, That the house now reconsider the vote on the final passage of the bill on ardent spirits.”

Yeas—Hendricks, Hill, B. Lee, Smith, Straight, and Newell—6.

Nays—Foisy, Gray, Garrison, H. Lee, McCarver, and McClure—6.

So the motion to reconsider was lost, and the bill published in the first newspaper ever published on this coast, as provided for in the bill itself, which is as follows:—

Amended Act of 1845.

Section2. That if any person shall hereafter sell, barter, give, or trade any ardent spirits of any kind whatever, directly or indirectly, to any person within the Territory of Oregon, he shall forfeit and pay the sum of twenty dollars for each and every such sale, trade, barter, orgift, to be recovered by indictment in the County Court, or before a justice of the peace, without the form of pleading.

Sec.3. That if any person shall hereafter establish or carry on any manufactory or distillery of ardent spirits in Oregon, he shall be subject to indictment before the County Court, as for a nuisance, and if convicted, he shall be fined the sum of one hundred dollars, and the court shall issue an order to the sheriff, directing him to seize and destroy the distilling apparatus, which order the sheriff shall execute.

Sec.4. Whenever it shall come to the knowledge of any officer of this government, or any private citizen, that any kind of spirituous liquors are being distilled or manufactured in Oregon, they are hereby authorized and required to proceed to the place where such illicit manufacture is known to exist, and seize the distilling apparatus, and deliver the same to the nearest district judge or justice of the peace, whose duty it shall be immediately to issue his warrant and cause the house and premises of the person against whom such warrant shall be issued to be further searched, and in case any kind of spirituous liquors are found in or about said premises, or any implements or apparatus that have the appearance of having been used, or constructed for the purpose of manufacturing any kind of spirituous liquors, the officer who shall have been duly authorized to execute such warrant shall seize all such apparatus, implements, and spirituous liquors, and deliver the same to the judge or justice of the peace who issued the said warrant. Said officer shall also arrest the person or persons in or about whose premises such apparatus, implements, or spirituous liquors are found, and conduct him or them to said judge or justice of the peace, whose duty it shall be to proceed against such criminal or criminals, and dispose of the articles seized according to law.

Sec.5. All the fines or penalties recovered under this act shall go, one-half to the informant and witnesses, and the other half to the officers engaged in arresting and trying the criminal or criminals, and it shall be the duty of all officers into whose hands such fines and penalties may come, to pay over as directed in this section.

Sec.6. This act shall not be so construed as to prevent any practicing physician from selling such liquors for medicines, not to exceed half a pint at one time.

Sec.7. That it shall be the duty of the secretary to publish this act in the first newspaper published in Oregon.

I, John E. Long, secretary of Oregon, do hereby certify that the foregoing act on ardent spirits is truly and correctly revised by me.

John E. Long, Secretary.

It will be seen in the final vote, that Foisy at first voted against this bill; but Hendricks and B. Lee changed their vote and Foisy changed his; thus the liquor law remained as it was, and was published February 5, 1846, and remained in force till Saturday, December 19, 1846. On December 4 of that year, the governor called the attention of the Legislature to this law, in the following language:—

“The act passed at the last session of the Legislature, entitled ‘An Act to prevent the introduction, sale, and distillation of ardent spirits in Oregon,’ is one I should recommend for revision; there are several points that are thought to be defective. The organic law provides that the Legislature shall have power to pass laws to regulate the introduction, manufacture, or sale of ardent spirits. It is held that the power to prohibit the introduction, manufacture, or sale is not granted by the organic law. Another objection is that the fines collected under the act shall go, one-half to the informant and witnesses, and the other half to the officers engaged in arresting and trying: in fact, making the witnesses and judges interested in the case. The fourth section makes it the duty of any officer, or any private citizen, to act whenever it shall come to their knowledge that any kind of spirituous liquors are being distilled or manufactured in Oregon. It would be much better if it were made the duty of the sheriff of each county to act, whenever he should be informed that any liquor was being made or sold in his county, and authorize him to raise a sufficientposseto aid and assist him in enforcing the law. We have, as a community, taken a high stand in the cause of temperance; among our earliest efforts may be found the abolishing of ardent spirits from our land, and to this, in a great measure, may be attributed our peace and prosperity. No new country can be pointed out where so much harmony prevailed in its first settlement as in this: laws, we had none, yet all things went on quietly and prosperously. I have no doubt if ardent spirits are kept within their proper bounds, we shall continue prosperous.“It is said by some we have no right to say what a man shall make or what he shall not make; yet, we find, in all large cities, certain manufactories are forbidden to be carried on within the limits of the city, because they annoy the inhabitants, and hence are declared to be public nuisances, and by law are compelled to be removed; and, if the city increase and extend to the place where they are relocated, they are removed again. Intoxicating drink is an enormous public injury and private wrong; its effects, in every way, shape, and form, are evil, and therefore should be restrained within proper limits by law. It deprives the wife and children of the inebriate of the support and protection they have a right to expect from him; it deprives the communityof the labor which constitutes a nation’s wealth, for it is a well-known fact that a nation’s wealth is made up of individual labor, and every day, therefore, lost by the laborer, caused by the effects of alcoholic drink, is a loss to the community at large. Persons who have become habitually addicted to ardent spirits, hearing that we had excluded the poison from our land, and, believing they never could be free if they remained near its influence, have left their homes and crossed the Rocky Mountains to escape the ruin that threatened them. Shalltheybe disappointed? During the last year, persons taking advantage of the defect in our law, have manufactured and sold ardent spirits. We have seen the effects (although the manufacture was on a small scale) in the midnight carousals among the Indians in our neighborhood, during their fishing season, and while they had property to dispose of; and, let me ask, what would be the consequences if the use of it should be general in the country and among the different tribes of Indians in the Territory? History may, hereafter, write the page in letters of blood! And what are the consequences, as presented to us in the history of older countries, of an indiscriminate use of ardent spirits? Almshouses, hospitals, prisons, and the gallows. I would, therefore, recommend that but one person, and that person a physician, be authorized to import or manufacture a sufficient quantity to supply the wants of the community for medicinal purposes; to dispose of no liquor except when he knows it to be necessary, or on an order from a regular physician, stating that the person applying stands in need of it for medicinal purposes; and to physicians to be used in their practice; the person so empowered to import, manufacture, and sell, to keep a record of the quantity manufactured or imported; also, a record of the quantity sold, or disposed of, and to whom, and name of physician on whose certificate given. This would be attended with but little trouble, and might be required to be given under oath. Many articles require alcohol to dissolve them; this could be done by taking the article to the person appointed and having the alcohol put into the ingredients in his presence. Section fifth I would recommend to be altered, so that the fines should go one-half to the informer, and the other half into the treasury. I would recommend that the penalties be increased. If the indiscriminate sale of liquor be admitted an evil, no good citizen can wish to be engaged in it. Why should the majority suffer to benefit a few individuals?“I have said more on this subject than I should have done, did I not fear an attempt will be made to break down the barriers raised by the early settlers of this land. Much of our prosperity and happiness as a community depends upon your action in this matter.”

“It is said by some we have no right to say what a man shall make or what he shall not make; yet, we find, in all large cities, certain manufactories are forbidden to be carried on within the limits of the city, because they annoy the inhabitants, and hence are declared to be public nuisances, and by law are compelled to be removed; and, if the city increase and extend to the place where they are relocated, they are removed again. Intoxicating drink is an enormous public injury and private wrong; its effects, in every way, shape, and form, are evil, and therefore should be restrained within proper limits by law. It deprives the wife and children of the inebriate of the support and protection they have a right to expect from him; it deprives the communityof the labor which constitutes a nation’s wealth, for it is a well-known fact that a nation’s wealth is made up of individual labor, and every day, therefore, lost by the laborer, caused by the effects of alcoholic drink, is a loss to the community at large. Persons who have become habitually addicted to ardent spirits, hearing that we had excluded the poison from our land, and, believing they never could be free if they remained near its influence, have left their homes and crossed the Rocky Mountains to escape the ruin that threatened them. Shalltheybe disappointed? During the last year, persons taking advantage of the defect in our law, have manufactured and sold ardent spirits. We have seen the effects (although the manufacture was on a small scale) in the midnight carousals among the Indians in our neighborhood, during their fishing season, and while they had property to dispose of; and, let me ask, what would be the consequences if the use of it should be general in the country and among the different tribes of Indians in the Territory? History may, hereafter, write the page in letters of blood! And what are the consequences, as presented to us in the history of older countries, of an indiscriminate use of ardent spirits? Almshouses, hospitals, prisons, and the gallows. I would, therefore, recommend that but one person, and that person a physician, be authorized to import or manufacture a sufficient quantity to supply the wants of the community for medicinal purposes; to dispose of no liquor except when he knows it to be necessary, or on an order from a regular physician, stating that the person applying stands in need of it for medicinal purposes; and to physicians to be used in their practice; the person so empowered to import, manufacture, and sell, to keep a record of the quantity manufactured or imported; also, a record of the quantity sold, or disposed of, and to whom, and name of physician on whose certificate given. This would be attended with but little trouble, and might be required to be given under oath. Many articles require alcohol to dissolve them; this could be done by taking the article to the person appointed and having the alcohol put into the ingredients in his presence. Section fifth I would recommend to be altered, so that the fines should go one-half to the informer, and the other half into the treasury. I would recommend that the penalties be increased. If the indiscriminate sale of liquor be admitted an evil, no good citizen can wish to be engaged in it. Why should the majority suffer to benefit a few individuals?

“I have said more on this subject than I should have done, did I not fear an attempt will be made to break down the barriers raised by the early settlers of this land. Much of our prosperity and happiness as a community depends upon your action in this matter.”

I am inclined to think that the governor was misinformed or mistaken in the statement that liquor had been manufactured in the settlement otherwise than by drugs and a composition calledrot-gut, which there were men in the country base enough to produce. Had the governor been more energetic and taken the matter in hand, no manufacturing of liquors would have been allowed. He seems to have thrown himself back upon the faults of the law as an excuse for not seeing that it was executed as it should have been, and as it was executed in other places. Some of this drugged liquor was brought to Astoria by one George Geere, of Dr. White notoriety, and the citizens of Clatsop Plains being notified of the fact, came over prepared for a fight, and found Geere, with his liquors, his pistols, and a seven-shooter rifle. They took him and his pistols and rifle, also his two kegs, and several bottles of liquor. The liquor they turned out on the ground,—took Geere before Esquire Tibbetts, and gave him a jury trial before six men of his own choice, who found him guilty. He was fined one hundred dollars and costs of suit, which was all given, by unanimous consent, to the county. When such a man as Governor Abernethy could excuse himself from acting and enforcing a law, because he thought the distribution of the fines imposed made the officers and witnesses interested persons, it is not surprising that men of no principle should engage in destroying their fellow-men. The fact is, that the men whom the people had honored and trusted with their legal and executive duties were destitute of the firmness requisite to the position they occupied, with some few honorable exceptions. The people generally were in advance of their leaders in sustaining good and wholesome laws, hence but few cases of lawsuits or quarrels occurred.

We will now give what we conceive to be the cause of the failure of the law.

By a reference to the organization of the house in December, 1845, it will be seen that the Hudson’s Bay Company was represented by Messrs. Dr. W. F. Tolmie, Chamberlain, McDonald, Newell, and Peers. The liquor interest was represented by Messrs. Boon, Hall, Hembree, Looney, Meek, Summers, Straight, T. Vault, Williams, and the Speaker. Six of the last-named representatives should have been fined for violations of the law on a small scale, and all of the first on a large scale, as connected more or less with the Hudson’s Bay Company, and selling and giving to their men and Indians.

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