"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 _Peac.o.c.k_ (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 a.s.signed, 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 t.i.tle second and third time and pa.s.sed, 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 pa.s.sed, 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.

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 Cascade Mountains; 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 pa.s.sage through the Cascade Mountains, and that his account be filed for publication. On motion, _White was allowed to address_ the 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 doc.u.ments, belonging to Dr. E. White, which he was requested to lay before the house. The report and doc.u.ments 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 Const.i.tution 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 doc.u.ments, 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 doc.u.ments.

Dr. White had from the first _denied the right_ of 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 doc.u.ments 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 doc.u.ments 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 pa.s.sage through the Cascade Mountains."

In the afternoon session the resolution of Mr. Newell was called up, and, on its final pa.s.sage, 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 pa.s.sed.

Dr. White waited for the pa.s.sage 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 doc.u.ments, and White _had broken the seals, and destroyed private letters intrusted to him_ to 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 doc.u.ments."

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 doc.u.ments 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 doc.u.ments 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 doc.u.ments 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 doc.u.ments 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 doc.u.ments, 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 doc.u.ments, 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 pa.s.sing 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."

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 doc.u.ments. 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 doc.u.ments 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:--