A History of Oregon, 1792-1849 Part 34

Alanson Beers was a good, honest, faithful, and intelligent Christian man, acting with heart and soul with the interests of the settlement and the American cause. The settlers could rely upon him.

David Hill was a resident of Hillsborough, Tualatin Plains, and was known to be decidedly opposed to the company, and not any too favorable to the Catholic and Methodist missions. He could be relied upon so far as the outside settlers were concerned, and Robert Newell could represent the Rocky Mountain men and such of the Canadian-French Hudson's Bay Company, and Roman Catholics as were disposed to join our organization. It was in consequence of his contending so strongly for the Hudson's Bay Company's rights, interests, and privileges, at Champoeg, on the 5th of July, that he was dropped, and Joseph Gale (who was one of the Ewing Young party to bring cattle from California to the Wallamet settlement) elected in his place.

With the understanding as above indicated, the Legislative Committee, consisting of Hon. Robert Moore, David Hill, Robert Shortess, Alanson Beers, W. H. Gray, Thomas J. Hubbard, James A. O'Neil, Robert Newell, and William Dougherty, with the uplifted hand solemnly declared before G.o.d that they would faithfully perform the duties a.s.signed them by the people of this settlement, at Champoeg, on the 2d day of May, A.D.

1843, so far as they understood the duties thus a.s.signed them. W. H.

Gray then by request administered an oath to the Speaker elect, that he would faithfully and impartially discharge the duties of his office as presiding officer of the present appointed Legislative Committee of the people of Oregon, so help you G.o.d; to which Beers said, Amen. The question arose as to the appointment of a clerk for the committee, when the members agreed, if necessary, to pay his expenses per diem, if no other means were provided.

George W. Le Breton, a young man of active mind, ready with the pen, useful and agreeable, and practical in his conversation, having come to the country as an adventurer in a vessel with Captain Couch, was chosen secretary and duly qualified by the Speaker. The records of the proceedings, as published, seem to have left out the preliminary part of this Legislative Committee's proceedings. This is owing to the fact that the compiler had no personal knowledge of them, and perhaps sought information from those as ignorant of the facts as himself; hence the meager and unsatisfactory doc.u.ment given to the country. Most, or all of the proceedings thus far mentioned were with closed doors, as will be seen by the record published. It was not deemed important by Messrs.

Newell, O'Neil, and Hubbard, to have any record of our daily proceedings, only the result or report. Messrs. Shortess, Beers, Gray, Dougherty, and Hill thought it best to keep a record, which was commenced.

"WALLAMET, May 15, 1843.--The Legislative Committee met, and after the preliminary discussions above alluded to, came to order by electing Robert Moore, Esq., chairman, and G. W. Le Breton, secretary.

"On motion of W. H. Gray, a committee of three was appointed by the chairman to prepare rules and business for the house. This committee (Messrs. Gray, Shortess, and Newell), at once, in a hasty manner, prepared eight rules, and suggested the business proposed for the committee as a whole to perform. The rules were taken up and adopted with scarcely a single objection. Up to this time no one except members of the committee had been allowed a place in the house as spectators.

"On motion, it was decided that the committee sit with open doors.

O'Neil, Hubbard, and Dougherty favored the closed-door sessions, as they did not want to expose their ignorance of making laws. Newell thought we had better make as little display as possible, for it would all be known, and we might be ashamed of what we had done.

"Shortess, Hill, Gray, and Beers were willing that all our efforts to make laws for ourselves should be fully known, and were ready to receive instructions and advice from any source. The deliberations of the committee, they were confident, would not prevent opposition or aid the opposers of our proposed organization.

"On motion, a judiciary committee was appointed by the Speaker or chairman, consisting of Messrs. Beers, Hubbard, and Shortess.

"On motion, a committee of ways and means was appointed, consisting of Messrs. Shortess, O'Neil, and Dougherty."

The minutes at this stage show that there was a doubt as to the disposition of the Speaker, Mr. Moore, to place the best men as chairmen of the several committees. Mr. Moore had peculiar notions of his own about land claims, and had placed upon the committee, I think, Robert Newell, as favoring his and Dr. McLaughlin's pretensions to the entire water privileges at Wallamet Falls, which resulted in the appointment as above stated. The record seems to convey the idea that the first appointment was conferred by vote. This was not the case. It was the final action that was repeated and entered.

"On motion, a committee, consisting of Hubbard, Newell, and Gray, was appointed on military affairs."

We have not the original doc.u.ments to refer to, but are of the impression that considerable correction was made in the first day's journal, and that more should have been made at the time. There was a little feeling on the part of the Speaker and the writer as to the necessity of an extended minute, and a disposition on the part of Mr. Le Breton to do as little writing as possible, not for want of time and material, but, from the deep interest he took in the discussions, he seemed to forget his work. I am not prepared to think the compiler has abridged the minutes, yet such may be the fact.

"On motion, Messrs. Shortess, Dougherty, and Hill were appointed a committee on private land claims.

"On motion, Messrs. Gray, Dougherty, and Beers were appointed a committee on districting the Territory into not to exceed five districts."

This committee, it seems by the motion, was to be appointed by the chairman or Speaker.

"Adjourned to 8 o'clock, A.M., May 17, 1843.

"The house was called to order by the chairman, and Mr. Gray appointed secretary, _pro tem._ The session was then opened with prayer by A. Beers. The minutes of yesterday's session were then read, corrected, and accepted."

The house then adjourned for one hour and a half to prepare business, at the expiration of which time they were called to order by the chairman.

The judiciary committee reported progress. The military committee reported in part; also committee on districts.

"Reports accepted.

"It was moved that there be a standing committee on finance, which was lost, as the vote at Champoeg had directed that the finance of the government should be by subscription and voluntary contribution.

"Adjourned to 1.30 P.M.

"House called to order by Speaker.

"On motion, house went into committee of the whole upon reports of committees, Gray in the chair. It was soon found that the business before the committee of the whole was not in a shape to be properly acted upon, and that by an open and informal meeting of the members, it could be brought into shape for action, or rather that the several members of the different committees had not had a full expression upon the reports that were before them, and these expressions could be shortened by separate committee consultation and agreement among the members of the several committees; hence an adjournment of one hour was agreed upon.

"At the close of the hour the house met and agreed, went into committee of the whole as to the number of districts. The report of the committee accepted, as amended in committee of the whole."

The question arises here why did not this committee on districts, and the whole Legislative Committee, specify all north of the Columbia River?

It will be remembered that the Hudson's Bay Company, with all the influence and votes they, with the priests, could collect, had met the settlers at Champoeg on the 2d of May previous, and opposed the entire organization; and the French priest had sent to the Legislative Committee a protest against any organization; at least the districting committee was aware that such would be the case, as the protest already given was in the hands of Le Breton, the secretary of the committee, and of the whole house. In specifying the districts beyond the limits named, or north of the Columbia, the additional votes and personal influence of the company would be thrown against us. The district committee contended that that influence and vote would defeat us, and make us an English or Hudson's Bay Company settlement. We could, without the interference of the company, manage our own affairs with such of the French settlers as chose to remain and vote with us. Such as did not like our laws could have a place to which they could continue their allegiance. Besides, we were confident we should receive a large immigration in the fall, and in that case we could extend our settlements and districts and laws to that section of the country.

Another prominent, and perhaps the most prominent reason of all was, we were afraid to attempt to enforce any laws we might wish to adopt, or think necessary among ourselves, upon the servants of the company. We did not acknowledge their right to enforce any English laws over us, and we, as the writer thought then, and still thinks, wisely concluded if they would not openly interfere with us, we would not openly interfere with them, till we were strong enough to outnumber and control them, as will hereafter be clearly demonstrated.

The journal of the proceedings of that committee shows that there were frequent short adjournments. These moments were all occupied in discussing and agreeing upon some report that was soon to be acted upon, and in coming to a unanimous vote as to the final result; there was but one thought and but one object with the majority of the members of the Legislative Committee.

That thought and object was, to establish the provisional government they had undertaken to organize. They felt that union in their action was absolutely necessary, as the opposing elements were so strong, that without it we must fail, and subject ourselves and the settlement to the worst possible tyranny and humiliation from Dr. White and the Hudson's Bay Company.

After the second recess, during the second day, the report of the military committee was before the house and instructions asked. Newell was opposed to any military arrangements at all. Hubbard was undecided.

Gray insisted on carrying out the instructions and ideas of the meeting of the 2d of May in regard to military officers that had been appointed at that meeting, and in preparing rules to govern them in organizing and drilling the men. He was unwilling to leave the military power without any responsibility to any one but themselves; hence instruction was asked, and given, to proceed as indicated in the meeting at Champoeg, and prepare a military law, to be included in the articles of organic compact.

"May 18, 1843.--House met pursuant to adjournment. Session was opened by prayer. Minutes of yesterday's session read, corrected, and accepted.

"Robert Newell moved, and was seconded, that a committee be appointed to prepare a paper for the signature of all persons wishing an organization."

The reader is already informed of the appearance of the French protest, and that it was in the possession of Le Breton. It is possible that Newell may have received it from the French priest. The writer has never been able to learn the exact facts in the case. At all events Newell's resolution shows, that however willing and ready he was to commence the organization of an American government with his _adopted_ countrymen, he is now in doubt as to the propriety of the step he, with others, had undertaken.

He presents a resolution to get up a committee to prepare a paper to circulate among the people, to find out who were in favor of the organization we were then attempting to bring into shape, under the instructions already received.

Perhaps the reader will understand Mr. Newell better if he is more fully informed as to his real genealogy, as there has always been a little doubt whether he belonged to the American or British nation. From the best information we could get about him, he was formerly from Cincinnati, Ohio, and the Rocky Mountains. From the earliest history we have of him, he has claimed to be an American, and represented the interests of a foreign monopoly, under a religious belief that he was conscientiously right in so doing. By keeping himself talking strong American sentiments to Americans, and acting strongly anti-American while in the mountains and in the settlement, he succeeded in obtaining and holding positions to benefit the trade of the Hudson's Bay Company; also a place in the Legislative Committee, and in the settler's government, to shield and protect those who were seeking the destruction of all American trade and influence in the country. He was a man of quite ordinary ability, yet smooth and insinuating in his manners, with a great abundance of plausible stories, to make a stranger believe he was learned in a profession. His real sentiments could never be learned except by his vote; his thoughts only read by his acts, which always tended to complicate and confuse legislation. This probably arose from a disposition to seek popularity and places he was incompetent to fill; as, also, from the t.i.tle he a.s.sumed in early life, it naturally made him a hypocrite in action as well as profession. He had not the moral principle requisite to make known the truth, and to a.s.sume his proper position and be regarded as a plain man without a t.i.tle. As plain Bob Newell he could be respected for his natural and genial talent. As _Dr._ Newell he a.s.sumes an air to correspond with the t.i.tle, and shows the hypocrisy of his life. He was at this time, and has continued to be, a faithful representative of the Hudson's Bay Company and Jesuit interests in the country, for which service they should enter his name upon their calendar of saints. As a public man, we are not aware that he ever originated a single act or law; but as representing a clique, or the interests of his masters, he has always been ready to do his utmost in every possible way. At the time we were called to vote upon Mr. Newell's first resolution, his position was fully known to but few, yet enough was understood of his duplicity to reject his proposition at once, and the house proceeded to amend its rules and add a ninth to those already adopted.

The report of the military committee was recommitted with instructions for further notion. Mr. Hubbard was considerably under the influence of Newell, and in consequence of this fact the military rules or laws were remodeled in committee of the whole. Newell and Hubbard were disposed to defeat it altogether as unnecessary, as intimated in the tenth proposition in the French priest's address. In fact, Mr. Newell acted all through the proceedings of the Legislative Committee upon the ideas contained in that address, and opposed all measures looking beyond the suggestions contained in it.

At this point, the judiciary committee, consisting of Beers, Hubbard, and Shortess, reported in part on the executive power, and opened the eyes of Dr. Newell to the awful responsibility and to a full realization of the fact that a majority of the committee were in favor of an organization, and a real, actual American government. He took the floor and commenced: "Wall, reelly now, Mr. Chairman, this 'ere report is a stumper, I see from the report of this 'ere committee that you are going on a little too fast. I think you had better find out if we can carry this thing through before we go too far. We have a good many people that don't know what we are about, and I think we had better adjourn before we go too far."

In the midst of this speech, which was a repet.i.tion of the reasons for getting up the paper to find out who were favorable to our proposed government, the house was so uncourteous as to adjourn and leave the balance of Dr. Newell's speech unrepeated. Suffice it to say, that in those short adjournments as noted in the Oregon archives, nearly or quite all the little differences of opinion were quickly explained and understood by a majority of the members. The exact subjects that were before them at the several meetings we have no doc.u.ments to indicate, and we can only be governed by such doc.u.ments as we have, to wit, the record and our own memory.

Newell was the only prominent opposer of the report of the judiciary committee, which was prepared by Robert Shortess, to whose memory we are indebted for a remarkable speech of Hon. Mr. Robert Newell on that occasion. Mr. Shortess says the discussion was on the question of who should be deemed voters. Most of the committee were in favor of universal suffrage, and, as Dr. Newell had a native wife, naturally supposed he would be quite as liberal as those who had full white families; but the doctor gave us one of his "stumpers," or, as he calls it, "_big fir-tree speeches_," by saying: "Wall, now, Mr. Speaker, I think we have got quite high enough among the _dark clouds_; I do not believe we ought to go any higher. It is well enough to admit the English, the French, the Spanish, and the half-breeds, but the Indian and the negro is a little too dark for me. I think we had better stop at the half-breeds. I am in favor of limiting the right to vote to them, and going no further into the dark clouds to admit the negro."

We confess that till Mr. Shortess reminded us of this speech, and the manner of its delivery, it had escaped our memory, and that, without it, Mr. Newell could scarcely receive his proper position in the history of our early struggle for American liberty upon this coast. His position and the patronage he received from the Hudson's Bay Company were sufficient for him to work effectually in their interests through all our struggle.

"At the evening session of May 18, the committee on ways and means were instructed to prepare a subscription for presenting at the general meeting, to procure funds to defray the expenses of the government, after spending a short time in committee of the whole.

"Adjourned till next day.

"May 19, 1843.--House met pursuant to adjournment. Opened with prayer. Moved that the minutes of the 18th be accepted. Taking the whole subject of the organization into consideration, Gray presented the following resolution that a committee of three be appointed to prepare and arrange all the business that has been done, or may be done hereafter at this session, revising statutes of Iowa, etc., report at the next session of the committee, and request the clerk to copy the same.

"Resolution adopted.

"Messrs. Gray, Beers, and O'Neil were appointed; these three living within fifteen miles of each other, it was thought could meet and superintend and revise the whole proceedings, and get them in shape for the public meeting.

"Committee of ways and means reported a subscription, which was accepted, and the military committee reported in part, which was accepted.