The idea seems to have had its origin among the missionaries and settlers in and about the Methodist mission station in the Willamette Valley. Although the subject had been under consideration before, the first effective step taken was in February, 1841, at the funeral of a settler, who died without heirs, and for the administering of whose estate there was no authority then in existence. A resolution was passed, expressing the need of a civil government, and a call was given for a general meeting to be held at the mission. At this meeting a committee was appointed, consisting of the various elements into which the community, though small, was divided, and was instructed to draw up a plan of government and report at a specified time. A judicial officer with probate powers, together with a sheriff and two constables to meet immediate wants, were also appointed. Although an attempt had been made, in the choice of the committee, to secure harmony, yet it never met to fulfill its task. When the general meeting, therefore, assembled at St. Paul’s church, the Catholic mission station, there was nothing to report. The committee was reconstructed and a resolution passed to submit the matter to Dr. McLoughlin and Lieutenant Wilkes before further action was taken. As both of these men advised delay the matter was dropped for two years.
The idea, however, was kept alive, and was the subject of discussion at the meetings of a debating society at Willamette Falls, now Oregon City. The subject was again formally suggested at a meeting held at the house of one of the settlers, for the purpose of taking measures to protect the cattle from wild animals. At the close of a series of resolutions dealing with wolves, bears and panthers, was one calling attention to the need of a civil government, and providing for a general meeting for discussion and decision. The meeting was held as provided May 2, 1843, at Champooick, between the present sites of Salem and Oregon City, and was an occasion of great interest and excitement. Opinion had been shaping itself on both sides, and the opposing views were fully represented.
The principal cause for anxiety was the body of Hudson Bay ex-employees, who were located in the valley. Most of them were French or Canadians, Catholics, and largely under the influence of the English Company. Although some of them were favorable to a government, the majority were not, and their views are quaintly summed up in an address prepared for presentation at a later public meeting. They objected to a provisional government as too “self-interested and full of degrees, useless to our power, overloading the colony instead of improving it.” They proposed in its place a council, composed of men from all parts of the country “to judge the difficulties, punish the crimes and make regulations suitable for the people.” They regarded a militia as useless and “a danger of bad suspicion to the Indians.” The country was considered as “free at present, to all nations, till government shall have decided; open to every individual wishing to settle, without distinction of origin, and without asking him anything, either to become an English, Spanish or American citizen.” There were also some general reflections to the effect that, “The more laws there are, the more opportunity for roguery for those who make a practice of it;” and “in a new country, the more men employed and paid by the public, the less remains for industry.”
It was known that the vote was to be close. The Canadians had been drilled to vote “no” on every proposition, and their strength was determined in an amusing way, by moving a question to which they would naturally have voted “yes.” When the question of having a government was put to a vote the result was so close, that the chairman was in doubt. A division of the house was called for, and at this critical point, Joseph Meek, a typical frontier character, strode forward with the words: “Who’s for a divide? all in favor of the report and of an organization, follow me.” When the vote was counted, it was found to be in favor of a government.
After this decision had been made there was still a difference of opinion concerning the kind of government to be established. Some were in favor of complete independence, while others wanted a provisional government that should last until that of the United States should be extended over the country. The English interests, unable longer to prevent some action, now directed their influence toward securing an independent government, under the protectorate of England, if possible, and independent of the United States at any rate. The decision favored a provisional government, and a committee of nine was appointed to draft a plan to be submitted to the people at a meeting to be held at Champooick on the fifth of July, 1843. This committee is of great importance in the history of civil government in Oregon, because of the responsibility which rested upon it, and because of the excellence of its work. Its members were neither learned nor acquainted with the law, but they possessed good judgment and common sense. Their meeting place was an old barn belonging to the Methodist mission.
In the drawing up of their organ of government they very wisely adopted the ordinance of 1787, making such changes as the peculiar local conditions rendered necessary. There was, first, a bill of rights, providing for freedom of religious belief and worship, the right of habeas corpus and trial by a jury of peers, proportionate representation, judicial procedure according to common law, moderate fines and reasonable punishment, encouragement of morality and knowledge, maintenance of schools, good faith toward the Indian, and the prohibition of slavery. There was, also, provision for the necessary organs of government, a legislative branch, to consist of nine members, elected annually; an executive branch, to consist of a committee of three; and a judicial department, to consist of supreme and associate judges, a probate judge, and justice of the peace. Provision was made for subordinate officials, a battalion of soldiers, and grants of land to settlers. On the appointed day the meeting convened at Champooick to receive the report. It came, opportunely, on the day following our national holiday. Although the general sentiment seems to have been friendly to the movement, yet there was enough variety of opinion to lend spice to the occasion. When the plan drawn up had been reported to the people, its provisions were readily passed. The principal discussion took place in regard to the executive. It had not been the purpose to have any executive at all, on account of the rivalry for the governorship, which unfortunately existed at a time when united action was desirable. The committee, upon their own responsibility, had recommended as a compromise an executive committee of three. Although it was characterized by the opposition as a “hydra-headed monster,” and a “repetition of the Roman Triumvirate,” it was finally accepted.
After the adoption of the organic laws, and the election of the necessary officers, the government went into operation. It had no provision for taxation, and its expenses had to be met by voluntary subscription. It had no public buildings, and for a time had to meet at private houses. It soon became apparent that there were defects in the plan of government as at first adopted. It was found to be unfitted for governing a community of any large number, or for any long period of time. It had been prepared only for a temporary purpose, and only for a short time. Its very imperfections, however, were virtues to those who feared that a more perfect government would lead to independence from the United States, which was an all-absorbing question among the colonists and the basis of their party distinctions. As time passed, however, and the United States took no action toward extending her government over the colony, it became apparent that something must be done to make the provisional government stronger and better fit to endure a longer delay, and to govern more effectively the larger numbers which were coming into the country. The first message of the executive committee, therefore, contained the following words: “At the time of our organization it was expected that the United States would have taken possession of the country before this time, but a year has rolled around, and there appears little or no prospect of aid from that quarter, consequently we are yet left to our own resources for protection. In view of the present state of affairs, we would recommend to your consideration the adoption of some measures for a more thorough organization.”[[12]]
The changes recommended were: Creation of a single executive in place of a committee of three; increase in the number of representatives in the legislative department; change in the judicial system, together with changes in certain specific subjects more of the nature of statute than fundamental law. The recommendation was followed and the changes were made. This first session of the governmental body, indeed, was prolific in legislation. Not only did it make these changes, but an act was passed more exactly defining the jurisdiction of the government. In the original plan it had been vague, and was by this act confined to the region south of the Columbia River. Provision was likewise made for the raising of revenue sufficient to carry on a more effective government, and all who refused to pay their taxes were denied the right of suffrage and the benefits which the government conferred. This was an effective mode of winning the support of some who had stood aloof. Acts were passed prohibiting the manufacture and sale of intoxicating liquors, and negroes and mulattoes were excluded from the territory upon penalty of whipping. It was the desire of the members of this first legislature to call a constitutional convention for making the organ of government more perfect and putting the changes already made into permanent shape. It met with opposition, however, because of the fear that it might drift into an independent government, toward which there was in many directions a strong tendency.
The session of 1845 was made up largely of the American party, and these men soon began the work of making what they refused to call a “constitution,” but called a revised “compact,” to be submitted directly to the people. The compact secured most of the changes already made, drew a distinction between statute and fundamental law, was well worded, and removed the vagueness of previous provisions. This was in accordance with the sentiment which existed in the colony, and was, therefore, adopted by vote of the people at a special election, July 26, 1845. These changes were made possible by the greater legal talent which came with the migrations of 1843 and 1844, and were made necessary by the increase in population and the delays of the national government. For three years longer the provisional government was in force, exercising all the sovereign functions of government; and, before superseded, it carried on a war with the Indians.
Thus came into existence that government which has been characterized by one who was in a position to know as, “strong without an army or navy, and rich without a treasury;” so effective “that property was safe, schools established and supported, contracts enforced, debts collected, and the majesty of the law vindicated.”[[13]] This is a judgment quite generally endorsed by the oldest of the pioneers who look back to it with pride and affection.[[14]]