From the Cascades to Vancouver, the company suffered more than in all the rest of their journey. The fall rains were at hand, and it poured with an unremitting energy such as no one can realise who has not seen a rain storm on the lower River. Food had become almost exhausted. Clothing was in rags. Tired, hungry, wet, cold, disheartened, the immigrants who had so jauntily descended the River to this "Strait of Horrors," presented a most woful appearance. It actually seemed that many must perish. But in the crisis, help came. One of the party managed to procure a canoe and hastened down the River to Fort Vancouver. As soon as Dr. McLoughlin learned that nearly nine hundred men, women, and children were beleaguered in the mist and chill, he equipped boats with flour, meat, and tea, and in his choleric excitement, waving his huge cane, bade the boatman hurry to the rescue. It was not business for the good Doctor to thus aid and abet American immigrants, and the directors of the Hudson's Bay Company and the cold-blooded Sir George Simpson, Governor-in-chief, disapproved. But it was humanity, and that ever predominated in the mind of "Old Whitehead."

The next night he caused vast bonfires to be alight along the bank, and gathered all the eatables and blankets that the place afforded. When the boat loads of the battered, but rescued Americans drew near, the Doctor was on the bank to meet them, to hand out the women and children, to administer the balm of cheery words and warmth and food. Few were the travellers on the River, none were the immigrants of '43, who would not rise up and call him blessed.

After this happy pause at Vancouver, the immigration pa.s.sed on to the Willamette Falls, then the centre of operations in Oregon, and there they were soon joined by the chosen men who had driven their thirteen hundred head of cattle by the trail over the Cascade Mountains, a task toilsome and even distressing, but one that was accomplished. After an inactive winter in the mild, muggy, misty Oregon climate, the immigrants of '43 spread abroad in the opening spring to secure land, each his square mile, as the Provisional Government provided, and as the American government was contemplating.

Such was the coming of the immigrants to the River. Subsequent immigrations bore a general resemblance to that of 1843. Each had its special feature. That of 1845 was conspicuous for its size. It was three thousand strong. It was also ill.u.s.trious for the laying out of the road across the Cascade Mountains near the southern flank of Mt. Hood. This n.o.ble and difficult undertaking was carried through by S. K. Barlow and William Rector. It was a terrific task, and was not completed the first year. Canons, precipitous rocks, mora.s.ses, sand-hills, tangled forests, fallen trees, criss-crossed and interlaced with briars and vines and shrubbery of tropical luxuriance, such as no one can appreciate who has not seen an Oregon jungle,--these were the obstructions to the Barlow Road. But they were vanquished and in 1846 and thence onward the immigrants made this the regular route to the Willamette Valley. So steep was Laurel Hill on the western slope that waggons had to be let down by ropes from level to level. The marks of the ropes or chains are still seen on the trees of Laurel Hill. The immigration of 1852 was sadly conspicuous for the devastations of cholera. Many a family was broken in sunder and some even were entirely eliminated by the dreadful plague. The immigrations of 1854 and 1855 were notable for the Indian outbreaks, and especially for the atrocious butchery of the Ward family near Boise in the earlier year, the most pitiless Indian outrage in Oregon history.

From 1850 onward for some years the Donation Land Law of Congress was a great lure to immigrants, for by it a man and wife could obtain a section of land. A single man could take up half a section. That situation encouraged early marriages. Girls were in great demand. It was not uncommon to see fourteen-year-old brides. Some narrators relate having found married women in the woods of the Columbia who were playing with their dolls! But though the immigrations varied in special features, they were all alike in their mingling of mirth and melancholy, of toil and rest, of suffering and enjoyment, of heroism, and self-sacrifice. They embodied an epoch of American history that can never come again. To have been an immigrant from the Missouri to the Columbia was an experience to which nothing else on earth is comparable. It confers a t.i.tle of American n.o.bility by the side of which the coronets of some European dukes are tawdry and contemptible. Perhaps no one ever better phrased the spirit of Oregon immigration than Jesse Applegate of the train of '43, one of the foremost of Oregon's builders, long known as the "Sage of Yoncalla." So fitting do we deem his language that we quote here an extract from one of his addresses.

The Western pioneer had probably crossed the Blue Ridge or the c.u.mberland Mountains when a boy and was now in his prime. Rugged, hardy, and powerful of frame, he was full to overflowing with the love of adventure, and animated by a brave soul that scorned the very idea of fear. All had heard of the perpetually green hills and plains of Western Oregon, and how the warm breath of the vast Pacific tempered the air to the genial degree and drove winter back to the North. Many of them contrasted in imagination the open stretch of a mile square of rich, green, and gra.s.sy land, where the strawberry plant bloomed through every winter month, with their circ.u.mscribed clearings in the Missouri bottoms. Of long winter evenings neighbours visited each other, and before the big sh.e.l.l-bark hickory fire, the seasoned walnut fire, the dry black-jack fire, or the roaring dead elm fire, they talked these things over; and as a natural consequence, under these favourable circ.u.mstances, the spirit of emigration warmed up; and the "Oregon fever" became as a household expression. Thus originated the vast cavalcade, or emigrant train, stretching its serpentine length for miles, enveloped in vast pillars of dust, patiently wending its toilsome way across the American continent.

How familiar these scenes and experiences with the old pioneers! The vast plains, the uncountable herds of buffalo; the swift-footed antelope; the bands of mounted, painted warriors; the rugged snow-capped mountain ranges; the deep, swift, and dangerous rivers; the lonesome howl of the wild wolf; the midnight yell of the a.s.saulting savage; the awful panic and stampede; the solemn and silent funeral at the dead hour of night, and the lonely and hidden grave of departed friends,--what memories are a.s.sociated with the Plains across!

CHAPTER VIII

Conflict of Nations for Possession of the River

The Six Nations at First Engaged in the Conflict--The Three Left in it--Claims by Sea of Spain, England, and the United States--Claims by Land--Rivalries of the Great Fur Companies--Capture of Astoria by the English--Its Restoration to the United States--Appearance of Fort George in 1818--Joint Occupation Treaty of 1818--Florida Treaty of 1819--Treaty with Russia in 1825--Forces on the Side of England and those on the side of the United States--American Triumph Inevitable--Policy of the Hudson's Bay Company in Contrast with that of the American Immigration--Indifference of the American Government--Utterances of Some American Statesmen--Doings of the American People--Gathering of the Little American Colony in the Willamette Valley--Need of Government--First Meeting at Champoeg--Advice of Commodore Wilkes that they Delay--The "Wolf Meetings"--Second Meeting at Champoeg, and Establishment of the Provisional Government--Its Chief Provisions--Thornton's Account of the "Hall" at Champoeg--Peter H. Burnett--Dr. McLoughlin's Position--Triumphs of the American Immigrant over the Great Fur Company--McLoughlin and Whitman--Movements of Diplomacy between England and the United States--Webster, Linn, Benton, and Calhoun--Inconsistent Positions of the Democratic Party--Polk and the Platform of 54 Degrees 40 Minutes, or Fight--Near Approach of War--Compromise on the Line of 49 Degrees--Momentous Nature of the Issue--Triumph of American Home-builders.

Earlier chapters of this volume have already developed some of the essential elements in the complicated strife of the maritime nations of the world for possession of the land of the Oregon. This brief chapter will endeavour to recapitulate and group those steps, and to trace the course of events by which the line finally was drawn on the parallel of 49 degrees.

As we have seen, the many-named river, and the fact that it was the key to a vast region and that the sh.o.r.es of the ocean contiguous to it seemed to abound in the finest of furs, was a lure to Portuguese, Frenchman, Russian, Spaniard, Englishman, and American. The first three became early eliminated from the conflict, and the last three fought the triangular battle to its ending with the final result that Uncle Sam inserted his broad shoulders between Mexico and the 49th parallel, and thus controls the choicest land of the sunset slope of the continent.

Spain, England, and the United States each had a valid claim to Oregon.

Spain, by the partial discovery of the River by Heceta in 1775, by the voyages of Bodega and Arteaga in the same year and again in 1779, and by the voyage of Valdez and Galiano around Vancouver Island in 1792, together with many other voyages of a less definite nature by ill.u.s.trious navigators, as Malaspina, Bustamente, Elisa, and others, had a strong position. Yet she had failed to clinch her discoveries or to take effective possession.

Great Britain could point to the elaborate examinations of Cook and Vancouver. The latter had made a minute investigation of the n.o.ble group of waters whose outlet preserves the name of the old Greek pilot of Cephalonia, Juan de Fuca; and his Lieutenant Broughton had entered the Columbia River and proceeded over a hundred miles up the stream. The nomenclature given to both the River and the Sound regions by Vancouver had been the first in any sense complete. So England, too, had a strong claim.

And what were the claims of the United States? First and foremost was the discovery by Robert Gray of the River and his actual twenty-five-mile ascension of it in May, 1792. He had gone much farther than Heceta, who had only looked in, but he had not gone so far as Broughton. The latter indeed, claimed, and his government followed him in the claim, that Gray had not really been in the River at all, but was only in an estuary of the sea into which the River flowed. But that, to any one who has seen the River, is too much of a forced construction to stand serious examination.

Moreover, Gray antedated Broughton by some months.

Turning from sea claims to land claims, England could point to Alexander Mackenzie as having crossed the continent in 1792, and as having reached the veritable ocean at Cascade Inlet. But it again was a very strained construction to extend that claim so far as to include the lower Columbia Valley. The United States could justly advance as a sufficient offset, the expedition of Lewis and Clark in 1804. In 1811 David Thompson had traversed the entire length of the Columbia for the British flag, only to find the Astor Company already established under the Stars and Stripes at the mouth of the River. From these essential facts out of many, we can easily draw the conclusion that no one of these three contestants could justly be too arrogant and exclusive. Some degree of modesty was befitting each.

We have already seen the rivalries of the great fur companies, the Hudson's Bay and the North-western of the British, and the Pacific of the Americans, and the effect of the War of 1812 on their fortunes. As a result of that war the Pacific Fur Company sold out to the North-westers, and a few years later the North-westers united with the Hudson's Bay Company under the name of the latter. To all appearance the Yankee was worsted, and the Briton in possession of the River.

But the Treaty of Ghent in 1815, closing the War of 1812, provided that all territory taken by either party should be restored. The boundary line west of the Lake of the Woods was left undrawn. John Jacob Astor now applied to the Government to restore his captured property on the Columbia, stating that if again in possession, he would resume his former operations. The United States Government accordingly notified Great Britain of its intention to re-occupy the fort at the Columbia's mouth.

For two years the communication lay unanswered. In September, 1817, the sloop-of-war, _Ontario_, Captain J. Biddle, was despatched to the Columbia with Mr. J. B. Provost as special agent, under instructions to a.s.sert the claim of the United States to the territory of the River. This decisive move compelled Great Britain to come out from under cover. A long and tedious diplomatic warfare ensued. Meanwhile the _Ontario_ was pursuing her long journey around Cape Horn. In 1818, an agreement was reached to the effect that Astoria should be formally restored to the United States, but that the North-western Fur Company should be allowed to remain in actual possession. Captain Biddle of the _Ontario_ had left Mr. Provost in Chile and had proceeded to the Columbia to take possession. Captain Sheriff, commandant of the British ships in the Pacific, being in Valparaiso, in H. M. S. _Blossom_, learning of Mr. Provost's presence there, conceived the happy thought that it would be an international courtesy to invite Mr. Provost to accompany him to Astoria. Accordingly on October 1, 1818, the _Blossom_ pushed her bow across the Bar, and on the 6th the formal ceremony of transfer from the Union Jack to the Stars and Stripes took place. Captain J. Hickey of the _Blossom_ represented Great Britain, Mr. J. Keith acted for the North-west Fur Company, while Mr.

Provost stood for the United States. It seems to have been a very good-natured affair throughout. Placards were posted at the capes on both sides of the River declaring the change of sovereignty. Fort George was quite a powerful structure at that time, consisting of a strong stockade of fir logs twelve feet high, enclosing a parallelogram one hundred and fifty by two hundred and fifty feet, having within it dwellings, shops, store houses, and magazines. On the walls were two eighteen-pound cannon, six six-pounders, four four-pound carronades, two six-pound cohorns, and seven swivels. The day of transfer must have been a very picturesque day among the many such in Astoria's history. We can imagine the soft October haze floating over Cape Hanc.o.c.k, and the long, lazy swell of six thousand miles of sea, thundering across Point Adams.

One interesting feature of Mr. Provost's presence at Astoria was his observation of the bar at the entrance of the River. This had generally been represented to the world as something frightful. It is often so represented at the present time. Mr. Provost in a letter to Secretary of State, John Quincy Adams, says that there is a s.p.a.cious bay, by no means so difficult of ingress as has been represented. He states that there is a bar across the mouth of the River, at either extremity of which there are sometimes appalling breakers; but that there is a channel of nearly a league in width with a depth of twenty-one feet at the lowest tides. He thinks, therefore, that with proper buoys the access to vessels of almost any tonnage may be rendered secure. This statement in regard to the Bar is of much interest as furnishing a basis for comparison with the present conditions. The depth at low tide now is about twenty-six feet, the increase probably being due to the jetty.

The logic of the restoration of Astoria to the United States, while at the same time the British Fur Company was left in practical possession, was realised in the Joint Occupation Treaty of 1818. By this singular arrangement it was agreed that any country on the north-west coast of America that may be claimed by either power shall be open for ten years to the vessels, citizens, and subjects of the two powers.

In 1819 another very important step was taken; viz.: the Florida Treaty with Spain. By this, Spain retired to the line of 42 degrees, ceding to the American Republic all her rights above that line. With her own claims joined to those of Spain, the Republic would seem to be able to snap her fingers at England. But, with characteristic tenacity, the latter power made ready to insist all the more strenuously upon her claims. In 1825 England and the United States agreed with Russia upon the line of 54 degrees 40 minutes, as the southern line of Russian claims. With Spain and Russia out of it, Oregon was left for England and the United States to fight over. The Joint Occupation Treaty was to last ten years, with the privilege of renewal. Meanwhile what were the factors in the struggle for possession? There was on the side of England the Briarean monopoly of the Hudson's Bay Company, supported by a disciplined and intelligent government. But the English people were not in it. On the American side the Government was strangely indifferent. There were several ambitious attempts to control the situation by American trading and fur companies.

But the essential forces were the American immigrant, the American missionary, the Declaration of Independence, and the ox-team. Those were the champions of America. They were the Davids against the Goliaths of British monopoly. At first thought it seemed that Goliath would have a "walk-over." The case seemed hopeless for the Americans.

But to the deeper observer, American triumph was inevitable. It was the Age of Democracy. The conception both of popular government and of individual ownership of land, with which went the corollary of "equal opportunities for all men and special privileges for none," was graven deep upon American character. With these things there went, of necessity, the disapproval of slavery and the support of free labour. Still further there went, by the same logic, the doctrine of unity and continental expansion. These various influences have const.i.tuted the broad foundation on which were reared the towers and battlements of American nationality.

In previous chapters we have outlined the operations of the Hudson's Bay Company, the coming of the missionaries, and the immigrations of Americans. The policy of the Hudson's Bay Company was to keep the country a wilderness, to maintain amicable relations with the Indians, and to depend mainly on the fur-trade for the great profits of their enterprise.

The policy of the American immigrants was to build homes, cities, roads, steamboats, mills, develop the country, crowd out the natives, and depend on mining, farming, stock-raising, lumbering, for their profits; not profits of a monopoly located in a distant money centre, but profits of the individual worker on his own land. The difference was world-wide. It represented two different conceptions of government and of life itself.

But though the American people had the manifest destiny of expanding to the Pacific, the Government was strangely supine. We say "strangely," but it was not so strange after all. Congress was dominated by the South in the interest of slavery, and by the East in the interest of the tariff.

Calhoun usually led the South, and he weighed everything in the scales of slavery. Webster governed Eastern sentiment largely, and he spoke for New England manufacturers. It is true that Clay was at all times a power in the councils of the nation, and Clay's constant word was nationalisation and expansion. But even Clay was so committed to the tariff that he did not always appreciate the possibilities of the "West-most West." The Presidents of the period from 1819 to 1846 were from the South or the Atlantic seaboard and not usually inclined to regard the far West with special interest.

The American people were away ahead of the American government in the struggle for possession of Oregon. A few of the utterances of leading statesmen of that period as significant of their conception of Oregon, may be given here. Benton, who became later the greatest champion of Oregon, was so imperfectly informed in 1825 that he spoke thus: "The ridge of the Rocky Mountains may be named as a convenient, natural, and everlasting boundary. Along this ridge the western limit of the Republic should be drawn, and the statue of the fabled G.o.d Terminus should be erected on its highest peak, never to be thrown down." But Benton improved, for later referring to the Columbia, he said, "That way lies the Orient." Webster said of Oregon: "What do we want of this vast, worthless area, this region of savages and wild beasts, of shifting sands and whirlwinds of dust, of cactus and prairie dogs. To what use could we ever hope to put these great deserts or these great mountain ranges, impenetrable and covered to their base with eternal snow? What can we ever hope to do with the western coast, a coast of three thousand miles, rock-bound, cheerless, and uninviting, and not a harbour on it? What use have we of such a country? Mr. President, I will never vote one cent from the public treasury to place the Pacific Coast one inch nearer Boston than it is now." And that was "G.o.d-like Dan!" Dayton expressed himself thus: "G.o.d forbid that the time should ever come when a State on the sh.o.r.es of the Pacific, with interests and tendencies of trade all looking toward the Asiatic nations of the East, shall add its jarring claims to our distracted and already overburdened confederacy." The _National Intelligencer_ doubtless expressed a common sentiment in the following: "Of all the countries upon the face of the earth, Oregon is one of the least favoured by nature. It is almost as barren as Sahara and quite as unhealthy as the campagna of Italy."

Such an estimate by American statesmen was all right to the Hudson's Bay Company. They wished such an estimate and had taken pains to foster it.

But while the gullible American statesmen were thus accepting just the version which their rivals were disseminating, the hard-handed and hard-headed, though not hard-hearted frontiersmen of Missouri and Illinois and Iowa were packing their ox-teams and starting across the desert for that Sahara on the Columbia River. Also one Marcus Whitman, a missionary physician of the Walla Walla, was floundering in the snows of the Sierra Madre and crossing the Arkansas through broken ice, in order to tell the benighted statesmen what the land of the Oregon really was like. The American people were busy, and the statesmen looked askance. And so, a few here and a few there, by trail or ship, adventurers, missionaries, sailors, trappers, there was formed a gathering in the Willamette of the advance guard of American home-builders. They began to call out of the wilderness to Uncle Sam.

As a result of the coming of the missionaries and of the small immigrations of the thirties and early forties, together with the settlement in the Willamette Valley of various French-Canadian employees of the Hudson's Bay Company, there was enough of a population to demand some sort of organised society.

W. H. Gray made a summary of population in 1840 to consist of two hundred persons, of whom a hundred and thirty-seven were American and sixty-three Canadian. Up to 1839 the only law was the rules of the Hudson's Bay Company. In that year the Methodist missionaries suggested that two persons be named as magistrates to administer justice according to the ordinary rules of American law. This was the first move looking to American political organisation. In 1839 and 1840 memorials were presented to the Senate by Senator Linn of Missouri at the request of American settlers praying for the attention of Congress to their needs. But, not content with lifting their voices to the home land, they proceeded to organise for themselves.

At that time, Champoeg, a few miles above the falls of the Willamette and located pleasantly on the west bank of that river, was the chief settlement. There, on the seventh of February, 1841, a gathering of the settlers was held "for the purpose of consulting upon steps necessary to be taken for the formation of laws, and the election of officers to execute them." Jason Lee, the Methodist missionary, was chairman of the meeting, and he outlined what he deemed the needed method of establishing a reign of law and order. The meeting proved rather a conference than an organisation and the people dispersed to meet again at the call of the chairman.

A week later an event occurred which brought most forcibly to the minds of the settlers the need of better organisation. This was the death of Ewing Young, one of the most prominent men of the little community. He left considerable property, with no known heirs and no one to act as administrator. It became clear that some legal status must be established for the settlement. Another meeting was held, in which it was determined that a government be inst.i.tuted, having the officers usual in an American locality. The work of framing a const.i.tution was entrusted to a committee, in which the five different elements, the Methodist missionaries, the Catholics, the French Canadians, the independent American settlers, and the English, had representation. The committee was instructed to confer with Commodore Wilkes of the American Exploring Squadron, just at that time in the River, and Dr. McLoughlin, the Hudson's Bay magnate. Wilkes advised the settlers to wait for added strength and for the United States Government to throw its mantle over them. The committee decided that his advice was sound and indefinitely adjourned. Const.i.tution building rested for a time along the sh.o.r.es of the Willamette.

In 1841 and 1842, two hundred and twenty Americans reached Oregon, doubling the population.

The Americans were ill at ease without a government and kept agitating the question of another meeting. But the English and the Catholic influences opposed this. Some diplomacy was needed. The irrepressible Yankees were equal to it. They determined to draw the settlers together under the announcement of a meeting for the purpose of discussing the means of protecting themselves against the ravages of the numerous wild beasts of the valley. W. H. Gray was the leading spirit in this enterprise. In a most picturesque and valuable account of it, John Minto has developed the thought that the founding of the Oregon State bore a striking resemblance to that stage in the Roman state, subsequently celebrated in the festival of Lupercalia, wherein the first organisation was for defence against the wild beasts. So the Willamette witnessed again the gathering of the clans, Americans, English, French, half-breeds, Catholics, Protestants, Independents, all coming together to protect themselves against the bears, cougars, and wolves. The meetings were usually known thereafter as the "wolf meetings."

James O'Neil was made chairman of this historic gathering. With the astuteness characteristic of American politicians, a previous understanding had been made between Mr. O'Neil and the little coterie of which Mr. Gray was the manager, that everything should be shaped to the ultimate end of raising the question of a government. As soon, therefore, as the ostensible aim of the meeting had been attained, W. H. Gray arose and broached the all-important issue. After declaring that no one could question the wisdom and rightfulness of the measures looking to protecting their herds from wild beasts, he continued:

How is it, fellow-citizens, with you and me, and our wives and children? Have we any organisation on which we can rely for mutual protection? Is there any power in the country sufficient to protect us and all that we hold dear, from the worse than wild beasts that threaten and occasionally destroy our cattle? We have mutually and unitedly agreed to defend and protect our cattle and domestic animals; now, therefore, fellow-citizens, I submit and move the adoption of the two following resolutions, that we may have protection for our lives and persons, as well as our cattle and herds: _Resolved_ that a committee be appointed to take into consideration the propriety of taking measures for the civil and military protection of this colony; _Resolved_ that this committee consist of twelve persons.

There spoke the true voice of the American state-builder, the voice of the Declaration of Independence and the Const.i.tution. The resolutions were pa.s.sed 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, Francois Matthieu and etienne 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 ill.u.s.trates most vividly the inborn capacity of the American for self-government.

The new government went at once into effect. The const.i.tution 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 const.i.tution 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 inst.i.tutions, 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 att.i.tude 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 const.i.tution 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.