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.”
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.”
The effect of these resolutions was at once manifest. Measures were taken to procure the launch of the Peacock (which had been left in the 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 present a 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 this telegraphic law 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 himself highly 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.