Provisional Government of Oregon

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Provisional Government of Oregon
Seal of the Provisional Government of Oregon
Seal of the Provisional Government of Oregon
History
Founded: May 2, 1843
Ended: March 3, 1849
Government
Type: Republican
Executive branch: Executive Committee,
Governor
Legislative branch: Single chamber
Judicial branch: Supreme Judge
Other
Languages used: English
French
Currencies used: wheat,
Beaver Coins
Capital: Oregon City

The Provisional Government of Oregon was a popularly elected government created in the Oregon Country that was in effect from May 2, 1843 until March 3, 1849. Created at a time when no country had sovereignty over the region, this independent settler government filled the void to provide a legal system for the pioneers and even a common defense. However, as laid out in Section 1 of the preamble to the Organic Laws of Oregon adopted in 1843 to serve as a constitution, only agreed to the laws “until such time as the United States of America extend their jurisdiction over us.”[1]

Contents

[edit] Background

Main article: Champoeg Meetings

Beginning in 1841 a series of meetings were held at Champoeg on the French Prairie and a few other sites in the Willamette Valley of present day Oregon. The first meetings were held in part as a response to the death of Ewing Young.[2] Young had died without a will and had extensive business dealings with many other pioneers requiring a probate court to administer this estate.[2] In February of 1841 a probate judge was appointed as were a few other positions, but no further movement towards government occurred.[1] The movement towards self-government picked up momentum in early 1843 as over 100 immigrants had come across the Oregon Trail the previous year.[2]

On February 2, 1843, the first “Wolf Meeting” was held at the Oregon Institute in what is now Salem to discuss problems with predatory animals attacking livestock.[2] Then in March the second “Wolf Meeting” was held to further discuss there issues and to set up bounties on the animals, and then discussions about forming a government began.[3] Meetings continued in the valley over the next few months until a large general meeting was held at Champoeg on May 2, 1843.[3] At this meeting the proposal for forming a provisional government was discussed and eventually a committee recommendation to form a government was put to a vote.[2] Joseph L. Meek then called for a vote by the pioneers splitting up to which side they were in favor of, and the final tally was 52 for forming a government and 50 against.[2] With this the Provisional Government of Oregon was formed, and on July 5, 1843 the Organic Laws of Oregon were adopted and people were elected to government offices.[1]

[edit] Structure

George Abernethy
George Abernethy

In July of 1843 the people created a government that was lead by a three person committee to act as an executive instead of a single person.[3] The First committee served until May of 1844, then a new committee was elected.[2] On May 14, 1844, the Second Executive Committee was elected and served until June 12, 1845.[2] In December of 1844 the legislature authorized the amending of the Organic Laws including the elimination of the Executive Committee in favor of a single governor that would take affect in June 1845.[2] At that time George Abernethy was elected as the first governor.[1]

In addition to an executive, the Provisional Government included a judiciary. This forerunner to the Oregon Supreme Court consisted of only a single supreme judge. This judge was elected by the people, but the legislature could select someone as presiding judge as a replacement if needed.[4] Some of those serving in this role included Nathaniel Ford, Peter H. Burnett, Osborne Russell, Ira L. Babcock, and future senator James W. Nesmith.[4]

The Provisional Legislature held session mainly in Oregon City.[3] They met at different times each year to deal with various issues that would arise, and in 1848 they did not met due to a lack of people from the exodus of men to the California gold fields.[5] The legislature enacted various laws, sent memorials to Congress, incorporated towns and organizations, and even granted divorces and licenses to run ferries.[5][1][3]

Other government positions included Recorder, Treasurer, Attorney, and Sheriff.[1] The recorder position would later become the position of Secretary of State. In 1845 Francis Ermatinger (a Hudson's Bay Company employee) was elected to the position of Treasurer after carrying the French vote.[1]

District divisions as of 1843
District divisions as of 1843

In addition to the divisions of power between the government agencies, the region was divided into administrative districts. These districts are the predecessors to the counties that would form later, and the Organic Law authorized from three to five districts with additional districts as the population expanded.[2] At first there was Twality district, Yamhill district, Clackamas district, and lastly Champooick district.[1] The districts divided the entire Oregon Country into these four districts,[2] however the effective area of control was limited to the lower Columbia and Willamette Valley.

[edit] Laws

Over the course of nearly six years under the provisional government, the settlers passed numerous laws. One law allowed people to claim 640 acres if they improved the land, which would be solidified later by Congress’ adoption of the Donation Land Claim Act.[3] Another law allowed the government to organize a militia and call them out by order of the Executive or Legislature.[1] Then in 1844 the legislature passed a law banning the sale of ardent spirits, and an additional law banning Blacks from settling in the region (slavery had already been banned).[2] The law banning Blacks authorized the lashing of any Black forty times from time to time until they left the region, but this was never carried out on anyone.[3] Then in 1849 one of the last laws passed authorized the minting of coins. These coins would be called the Beaver Coins and were created as a result of significant amounts of gold dust circulating in the area due to the California Gold Rush.[5]

[edit] Cayuse War

Main article: Cayuse War

Following the Whitman Massacre in 1847, settlers were worried about additional attacks by the natives.[3] In December of 1847 Governor Abernethy and the legislature met to discuss the situation after learning of the attack from the Hudson’s Bay Company.[3] On December 8, a company of 50 men were to be organized immediately and sent to The Dalles to protect that settlement and to prevent any forces from penetrating to the Willamette Valley.[2] An additional force of 500 men were to met in Oregon City by December 25.[3] This group would then prosecute the war east of the Cascades under the command of Cornelius Gilliam.[2] The Cayuse War would continue until the chiefs of the bands turned over several members to be tried for the murders.[1] These men were found guilty and hanged on June 3, 1850, at Oregon City.[2]

[edit] Subsequent history

On March 2, 1849, Joseph Lane arrived at Oregon City as the appointed Governor of Oregon Territory.[3] Originally from Indiana, Lane had been appointed by President Polk in August of 1848 when the Oregon Territory was officially created by Congress.[3] When Governor Lane arrived he dissolved the provisional government, but the only law of the government struck down was the law authorizing the minting of the Beaver Coins as this was in contradiction to the United States Constitution.[5] Then in 1853 the Washington Territory was created from the northern section of the Oregon Territory.[6] Lastly, on February 14, 1859, the Oregon Territory became the state of Oregon.[7]

[edit] See also

[edit] References

  1. ^ a b c d e f g h i j Brown, J. Henry (1892). Brown’s Political History of Oregon: Provisional Government. Wiley B. Allen. 
  2. ^ a b c d e f g h i j k l m n o Horner, John B. (1921). "Oregon: Her History, Her Great Men, Her Literature". The J.K. Gill Co.: Portland.
  3. ^ a b c d e f g h i j k l Clarke, S.A. (1905). Pioneer Days of Oregon History. J.K. Gill Company. 
  4. ^ a b Oregon Supreme Court Justices. Oregon Blue Book. Oregon Secretary of State. Retrieved on 2007-03-16.
  5. ^ a b c d Beginnings of Self-Government. The End of the Oregon Trail Interpretive Center. Retrieved on 2007-03-14.
  6. ^ WSU: Early Maps
  7. ^ Oregon Blue Book Oregon History: Statehood
Pioneer History of Oregon (1806–1890)
Topics

Oregon Country · Oregon Treaty · Oregon missionaries · Executive Committee · Oregon Trail · Oregon boundary dispute · Pacific Fur Company · Provisional Government of Oregon · Hudson's Bay Company

Events

Treaty of 1818 · Russo-American Treaty · Champoeg Meetings · Whitman massacre · Donation Land Claim Act

Places

Fort Astoria · Oregon Mission · Fort Vancouver · Champoeg, Oregon · Fort William · Barlow Road · Whitman Mission

People

George Abernethy · Sam Barlow · Tabitha Brown · Abigail Scott Duniway · Philip Foster · Peter French · Joseph Gale · William Gilpin · David Hill · Jason Lee · Asa Lovejoy · John McLoughlin · Joseph Meek · Ezra Meeker · John Minto · Joel Palmer · Sager orphans · Henry H. Spalding · Marcus Whitman · Narcissa Whitman · Ewing Young

Oregon History

Native Peoples History · History to 1806 · Pioneer History · Modern History