There spoke the true voice of the American state-builder, the voice of the Declaration of Independence and the Constitution. The resolutions were passed and the committee of twelve appointed, mainly Americans. The committee met at the Falls of the Willamette, which by that time was becoming known as Oregon City. Unable to arrive at a definite decision, the committee issued a call for a general meeting at Champoeg on May 2d.
Pending the meeting, there was a general policy of opposition developed among the French Canadians in the interest of the Hudson’s Bay Company and England. This opposition threatened the overthrow of the entire plan. It was, however, checkmated in an interesting fashion. George W. Le Breton was one of the leading settlers and occupied a peculiar position. He was of French origin, from Baltimore to Oregon, and had been a Catholic. His existing affiliations were with the Americans. He was keen, facile, and well educated. He discovered that the Canadians had been drilled to vote “No” on all questions, irrespective of the bearing which such a vote might have on the leading issue. Le Breton accordingly proposed that measures be introduced upon which the Canadians ought to vote “Yes.” These tactics were carried out. The Canadians were confused thereby. Le Breton watched developments carefully and, becoming satisfied that he could command a majority, rose and exclaimed, “We can risk it, let us divide and count!” Gray shouted, “I second the motion!” Jo Meek, famous as one of the Mountain Men, stepped out of the crowd and said, “Who is for a divide? All in favour of an organisation, follow me!” The Americans speedily gathered behind the tall form of the erstwhile trapper. A count followed. It was a close vote. Fifty-two voted for, and fifty against. The Americans would have been outvoted had it not been that Le Breton, with two French Canadians, François Matthieu and Étienne Lucier, voted with them. The defeated Canadians withdrew, and the Indians, who lined the banks of the River to discover what strange proceedings the white men were engaged in, perceived from the loud shouts of triumph that the “Bostons” had won. Though the victory was gained by so scanty a margin, it was gained, and it was decisive. It was one of the most interesting events in the history of Oregon or the United States, for it illustrates most vividly the inborn capacity of the American for self-government.
The new government went at once into effect. The constitution formulated by the committee and adopted by the meeting at Champoeg provided that the people of Oregon should adopt laws and regulations until the United States extended its jurisdiction over them. Freedom of worship, habeas corpus, trial by jury, proportionate representation, and the usual civil rights of Americans were guaranteed. Education should be encouraged, lands and property should not be taken from Indians without their consent. Slavery or involuntary servitude should not exist.
The officers of government consisted of a legislative body of nine persons, an executive body of three, and a judiciary of a supreme judge and two justices of the peace, with a probate court and its justices, and a recorder and treasurer. Every white man of twenty-one years or more could vote. The laws of Iowa were designated to be followed in common practice. Marriage was allowed to males at sixteen and females at fourteen. One of the most important provisions was the land law. This permitted any individual to claim a mile square, provided it be not on a town site or water-power, and that any mission claims already made be not affected, up to the limit of six miles square. This land law was framed upon the general conception of the proposed Linn bill already brought before Congress. The land law allowed land to be taken in any form, but since there was no existing survey, each man had to make his own survey.
The first elected executive committee consisted of David Hill, Alanson Beers, and Joseph Gale. Within a year an amendment was made to the constitution providing for a governor. George Abernethy, a former member of the Methodist mission, was chosen to fill the place.
Outer things were pretty crude in the little colony on the Willamette, though brains and energy were there in abundance. J. Quinn Thornton expressed himself as follows on the “Oregon State House,” which he says was in several respects different from that in which laws are made at Washington City:
The Oregon State House was built with posts set upright, one end set in the ground, grooved on two sides, and filled in with poles and split timber, such as would be suitable for fence rails, with plates and poles across the top. Rafters and horizontal poles, instead of iron ribs, held the cedar bark which was used instead of thick copper for roofing. It was twenty by forty feet and therefore did not cover three acres and a half. At one end some puncheons were put up for a platform for the president; some poles and slabs were placed around for seats; three planks, about a foot wide and twelve feet long, placed upon a sort of stake platform for a table, were all that was believed necessary for the use of the legislative committee and the clerks.
There are several facts in connection with the inauguration of this Provisional Government of Oregon which are almost equal to itself in interest. One of these is that Peter H. Burnett, a lawyer and the most notable member of the emigration of 1843, rendered the opinion that, by the spirit of American institutions, the Provisional Government might be regarded as possessing valid authority. Going in a few years to California, Mr. Burnett incorporated the same principles into the government of that State and became its first governor.
Another most significant fact was the attitude of the Hudson’s Bay Company. That great organisation was of course opposed to American ownership and to the Provisional Government. At first, the management under Sir James Douglas (Dr. McLoughlin had been superseded by Douglas because of his supposed leaning toward the Americans) affected to ignore the government framed at Champoeg, declaring loftily that the company could protect itself. Dr. McLoughlin, in his very interesting account of this, says that the Americans adopted in 1845 a provision in the constitution that no one should be called to do any act contrary to his allegiance. This provision struck him as designed to enable British subjects to join the organisation. Dr. McLoughlin was so pleased with the wise and liberal spirit which this evinced that he prevailed on Douglas to join the Provisional Government. The family was now complete. The American farmers and immigrants and missionaries had triumphed over the autocratic government of the great fur company. The American idea—government of the people, by the people, and for the people—was vindicated. The local battle was won for the Yankee.
Before leaving this great epoch of the history of the River, it will interest the reader to know that Dr. McLoughlin, so conspicuous in the story thus far, removed to Oregon City, and became an avowed American citizen, living on the claim on which he filed at the Falls. Much trouble subsequently arose between him and the Methodist mission people represented by Rev. A. F. Waller. Harder yet, Congress was led by Delegate Thurston of Oregon, to exclude him from the benefit of the Donation Land Law. The final result was that the great-hearted ex-king of the Columbia lost the most of his claim on the ground that he was an alien at the time of taking it. The Hudson’s Bay Company directors chose to disapprove his acts in bestowing provisions upon the weary and hungry and ragged American immigrants, and they charged him personally with the cost. This, in addition to the loss of his claim, rendered him almost penniless and sadly embittered his old age. He said that he supposed he was becoming an American, but found that he was neither American nor British, but was without a country. It is pleasant to be able to record the fact that the Oregon Legislature restored his land in so far as the State controlled it, but this was only just before his death.