A History of Oregon, 1792-1849 / Drawn From Personal Observation and Authentic Information

by W. H. Gray

It was arranged with the Legislative Committee, that Gray should meet Hines on this question, and make the last speech in favor of the executive department. Hence O’Neil and Shortess both spoke in favor of it. Dr. Babcock was opposed, on account of its going beyond present necessities, and looking too much like a permanent and independent government; whereas we only wished to form a temporary one. He thought with Mr. Hines, that the committee had gone beyond their instructions in providing for this executive power, still he was willing to abide the decision of the people. There was a little uncertainty us to Mr. Lee’s final vote. Dr. Babcock was clearly against us. Mr. Hines made but the one speech. From the course the debate had taken, Gray had no fears as to the final result, and waited until it was evident that no more opposing speeches would be made when he commenced:—

“Mr. President and fellow-citizens,—The speech which we have just listened to, from our presiding officer, is in the main correct. It is true that the Legislative Committee were not instructed to bring before you an executive department in the laws and government you proposed to form, when you appointed your committee to prepare those laws. It is also true, that when that committee met, they found that they could not advance one step in accomplishing the work you instructed them to perform, without some supervising influence, or power, somewhere; in short, without a head. Their instructions were against a governor. They have provided an Executive Committee, in place of a single man for governor. This executive head is to act in the place of senate, council, and governor. This provision is before you for your approval or rejection. With this Executive Committee our organization is complete; without it we have no head; no one to see that our laws are executed, and no one to grant a reprieve or pardon in case a law should be enforced against the life or property of any one, for the violation of any law, no matter what the circumstances connected with that real or supposed violation might be. The pardon and mercy part of our law is in that ‘horrible hydra-headed monster’ that the gentleman spoke about, and warned us against; and instead of its being as black as his ‘bear,’ it becomes light and mercy to the erring and the ignorant. As to the example set by your committee for future despots to rob us of our liberty, and place over us a king or an emperor, you and I have no fears so long as we elect our own legislative bodies.

“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.