Provisional Government of Oregon
Encyclopedia
The Provisional Government of Oregon was a popularly elected government created in the Oregon Country
, in the Pacific Northwest
region of North America. It existed from May 2, 1843 until March 3, 1849. Created at a time when no country had sovereignty over the region, this independent government provided a legal system and a common defense for pioneer
s settling the region. As laid out in Section 1 of the preamble to the Organic Laws of Oregon
, which were adopted in 1843 to serve as a constitution, settlers only agreed to the laws “until such time as the United States of America extend their jurisdiction over us.”
The government had three branches
that included a legislature
, judiciary, and executive branch. The executive branch
was first the Executive Committee
, consisting of three members, in effect from 1843 to 1845; in 1845, a single governor position was created. The judicial branch
had a single supreme judge along with several lower courts, and a legislative committee of nine served as a legislature
until 1845 when the Oregon House of Representatives
was established.
(on the French Prairie
) and a few other sites in the Willamette Valley
. The first meetings were held, in part, as a response to the death of Ewing Young
. Young died without a will, and had extensive business dealings with many other pioneers; a probate court was needed to administer his estate. In February 1841, a probate judge and a few other positions were appointed, but no further movement towards establishing a government occurred. The movement towards self-government picked up momentum in early 1843, after over 100 immigrants traveling the Oregon Trail
had arrived the previous year.
On February 2, 1843, the first “Wolf Meeting” was held at the Oregon Institute
, in what is now Salem
, to discuss the problem of predatory animals attacking livestock. The second “Wolf Meeting” was held in March, to further discuss the issue and to set up bounties
on the animals; discussions about forming a government also began. Meetings continued in the valley over the next few months, until a large general meeting was held at Champoeg on May 2, 1843. At this meeting, the proposal for forming a provisional government was discussed, and a committee recommendation to form a government was put to a vote. According to his biography, Joseph L. Meek then called for a vote with a final tally of 52 in favor of forming a government, and 50 against, although the only surviving notes taken at the meeting stated that "a large majority" were found to be in favor. With this the Provisional Government of Oregon was formed; on July 5, 1843 the Organic Laws of Oregon
were adopted, and people were elected to government offices.
With the first set of laws, the people created a three-person Executive Committee
to act as an executive. The Second Executive Committee was elected on May 14, 1844, and served until June 12, 1845. A December 1844 amendment of the Organic Laws eliminated the Executive Committee in favor of a single governor
, taking effect in June 1845. At that time George Abernethy
was elected as the first governor. Abernethy would be the only governor under the Provisional Government. He was reelected in 1847, and served until 1849.
. They met at different times each year, and in 1848 they did not meet; too many members had left for the California
gold fields. The legislature enacted various laws, sent memorials to Congress
, incorporated towns and organizations, and granted divorces and licenses to run ferries
. After the establishment of the Oregon Territory
, the legislature was replaced with the two house Oregon Territorial Legislature
.
The Provisional Government also included a judiciary. The forerunner of the Oregon Supreme Court
consisted of a single supreme judge and two justices of the peace
. The supreme judge was elected by the people, but the legislature could select someone as presiding judge as a replacement if needed. This supreme court had original and appellate jurisdiction over legal matters, whereas the lower probate court and justice courts that were also created could only hear original jurisdictional matters when the amount in controversy was less than $50 and did not involve land disputes. Some judges under the Provisional Government were Nathaniel Ford
, Peter H. Burnett, Osborne Russell
, Ira L. Babcock, and future United States Senator James W. Nesmith
.
into these four districts, however the effective area of control was limited to the lower Columbia and Willamette Valley.
Twality or Tualatin District boundaries were the northern boundary line of the United States south to the Yamhill River
, with the Pacific Ocean as the western boundary and the Willamette River
as the eastern boundary. Champoeg District was the land south of a line drawn from the mouth of the Haunchauke River
east to the Rocky Mountains
, north of the border with California, and west to the Willamette River. Clackamas District was all land north of the line drawn from the mouth of the Haunchauke to the U.S. border, and east of the Willamette to the Rockies. Yamhill District was the remaining southeast section of Oregon Country south of the Yamhill River and west of the Willamette.
In 1845 the Provisional Legislature passed a law creating a new district, Polk District, from the southern section of Yamhill District. Governor Abernethy signed the bill into law on December 22, 1845, and at this point districts became counties. Benton County
was created out of the southern section of Polk County on December 23, 1847.
, and Sheriff. 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.
The seal of the government was named the Salmon Seal and was circular with three sheaves of wheat and a salmon with the word OREGON on the top. A flag with a single star and several stripes was used by some troops during the fight against the Cayuse
tribe.
Over the course of nearly six years under the provisional government, the settlers passed numerous laws. One law allowed people to claim 640 acres (2.6 km²) if they improved the land, which would be solidified later by Congress
’ adoption of the Donation Land Claim Act
. Another law allowed the government to organize a militia
and call them out by order of the Executive or Legislature. Under the first Organic Laws of 1843 inhabitants were guaranteed due process of law and a right to a trial by jury. Some other rights established were: no cruel and unusual punishment, no unreasonable bails for defendants, and no takings
of property without compensation.
In 1844, the legislature passed a law banning the sale of ardent spirits
, out of concern that the Native Americans
would become hostile if intoxicated. Another 1844 law prohibited additional African American
s from settling in the region (slavery had already been banned in the Organic Laws). The law banning blacks authorized the lashing of any black forty times from time to time until they left the region, but this punishment was never carried out on anyone. 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
.
was levied as well. Failure to pay resulted in disenfranchisement.
Collections were difficult as many citizens either refused or were unable to pay what was owed. Therefore, the government began issuing scrip
for its loans, which became a sort of currency in the region. During the government's existence it collected around $8,000 from the poll and property taxes—considerably less than the $23,000 it spent.
that included a battalion of mounted riflemen led by someone at the rank of major
. This militia was to assemble once per year in September for inspection. Every male between 16 and 60 was considered a member of the military. (This remains so under modern Oregon law
, though now both sexes are included, and the age range is only 18 to 45.) Under the first Organic Laws, power to call out the militia was vested in the Executive Committee, though any officer of the militia could also call them out in times of insurrection or invasion.
In March 1844, the first need for the militia came about when a member of the Molala
killed the Recorder, George LeBreton
, and one other in Oregon City. In response to this incident, a company of 25 men were organized as the Oregon Rangers
at the Oregon Institute
. They were led by Captain Thomas D. Keizer, who resigned shortly thereafter. Charles H. Bennett
then took command of these mounted riflemen, who were to be paid $2 per day for service, or $1 if drilling. These men were also expected to provide their own weapons, however the company never saw action at this time.
in 1847, settlers were worried about additional attacks by the natives. In December 1847, after learning of the attack from the Hudson’s Bay Company, Governor Abernethy and the legislature met to discuss the situation. 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 the Willamette Valley. Major Henry A. G. Lee
was placed in charge of this unit, called the Oregon Rifles
, who arrived at The Dalles on December 21 and established Fort Lee
. An additional force of 500 men were to meet in Oregon City by December 25. This group prosecuted the war east of the Cascades
under the command of Cornelius Gilliam
. The Cayuse War would continue until the chiefs of the bands turned over several members to be tried for the murders. These men were found guilty and hanged on June 3, 1850, at Oregon City.
between the United States and Great Britain
was resolved with the Oregon Treaty
. The treaty set the Oregon Country
's international boundary between the U.S. and British North America at the 49th parallel. Two years later, on August 14, 1848, the United States Congress
created the Oregon Territory
; this territory included today's states of Oregon
, Washington, and Idaho
, and parts of Montana
and Wyoming
. This extended U.S. sovereignty over the region, but effective control would not occur until government officials arrived from the United States.
On March 2, 1849, Joseph Lane
arrived at Oregon City as the appointed Governor of Oregon Territory. Originally from Indiana
, Lane had been appointed by President Polk
in August 1848 when the Oregon Territory was created by Congress. 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 incompatible with the United States Constitution
. In 1853, the Washington Territory
was created from the northern section of the Oregon Territory. On February 14, 1859, the Oregon Territory became the state of Oregon
.
Oregon Country
The Oregon Country was a predominantly American term referring to a disputed ownership region of the Pacific Northwest of North America. The region was occupied by British and French Canadian fur traders from before 1810, and American settlers from the mid-1830s, with its coastal areas north from...
, in the Pacific Northwest
Pacific Northwest
The Pacific Northwest is a region in northwestern North America, bounded by the Pacific Ocean to the west and, loosely, by the Rocky Mountains on the east. Definitions of the region vary and there is no commonly agreed upon boundary, even among Pacific Northwesterners. A common concept of the...
region of North America. It existed from May 2, 1843 until March 3, 1849. Created at a time when no country had sovereignty over the region, this independent government provided a legal system and a common defense for pioneer
American pioneer
American pioneers are any of the people in American history who migrated west to join in settling and developing new areas. The term especially refers to those who were going to settle any territory which had previously not been settled or developed by European or American society, although the...
s settling the region. As laid out in Section 1 of the preamble to the Organic Laws of Oregon
Organic Laws of Oregon
The Organic Laws of Oregon were two sets of laws passed in the 1840s that established a structure for government in the Oregon Country in the northwest corner of North America. These laws were created by a legislative committee formed after the Champoeg Meetings...
, which were adopted in 1843 to serve as a constitution, settlers only agreed to the laws “until such time as the United States of America extend their jurisdiction over us.”
The government had three branches
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
that included a legislature
Provisional Legislature of Oregon
The Provisional Legislature of Oregon was the single-chamber legislative body of the Provisional Government of Oregon. It served the Oregon Country of the Pacific Northwest of North America from 1843 until early 1849 at a time when no country had sovereignty over the region...
, judiciary, and executive branch. The executive branch
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
was first the Executive Committee
Executive Committee (Oregon Territory)
An Executive Committee was the title of a three-person committee which served as the executive Branch of the Provisional Government of Oregon in the disputed Oregon Country. This arrangement was announced on July 5, 1843, after three months of study by the Provisional Legislature at Champoeg...
, consisting of three members, in effect from 1843 to 1845; in 1845, a single governor position was created. The judicial branch
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
had a single supreme judge along with several lower courts, and a legislative committee of nine served as a legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
until 1845 when the Oregon House of Representatives
Oregon House of Representatives
The Oregon House of Representatives is the lower house of the Oregon Legislative Assembly. There are 60 members of the House, representing 60 districts across the state, each with a population of 57,000. The House meets at the Oregon State Capitol in Salem....
was established.
Background
A series of meetings were held, beginning in 1841, at ChampoegChampoeg, Oregon
Champoeg is a former town in the U.S. state of Oregon. Now a ghost town, it was an important settlement in the Willamette Valley in the early 1840s. It is positioned halfway between Oregon City and Salem and the site of the first provisional government of the Oregon Country...
(on the French Prairie
French Prairie
French Prairie is a prairie located in Marion County, Oregon, United States, in the Willamette Valley between the Willamette River and the Pudding River, north of Salem...
) and a few other sites in the Willamette Valley
Willamette Valley
The Willamette Valley is the most populated region in the state of Oregon of the United States. Located in the state's northwest, the region is surrounded by tall mountain ranges to the east, west and south and the valley's floor is broad, flat and fertile because of Ice Age conditions...
. The first meetings were held, in part, as a response to the death of Ewing Young
Ewing Young
Ewing Young was an American fur trapper and trader from Tennessee who traveled Mexican southwestern North America and California before settling in the Oregon Country. As a prominent and wealthy citizen there, his death was the impetus for the early formation of government in what became the state...
. Young died without a will, and had extensive business dealings with many other pioneers; a probate court was needed to administer his estate. In February 1841, a probate judge and a few other positions were appointed, but no further movement towards establishing a government occurred. The movement towards self-government picked up momentum in early 1843, after over 100 immigrants traveling the Oregon Trail
Oregon Trail
The Oregon Trail is a historic east-west wagon route that connected the Missouri River to valleys in Oregon and locations in between.After 1840 steam-powered riverboats and steamboats traversing up and down the Ohio, Mississippi and Missouri rivers sped settlement and development in the flat...
had arrived the previous year.
On February 2, 1843, the first “Wolf Meeting” was held at the Oregon Institute
Oregon Institute
The Oregon Institute was a school located in the Willamette Valley of the Oregon Country during the 19th century. Begun in 1842, it was the first school built for European-Americans west of Missouri. Founded by members of the Methodist Mission, it was located in what is now Salem, Oregon, United...
, in what is now Salem
Salem, Oregon
Salem is the capital of the U.S. state of Oregon, and the county seat of Marion County. It is located in the center of the Willamette Valley alongside the Willamette River, which runs north through the city. The river forms the boundary between Marion and Polk counties, and the city neighborhood...
, to discuss the problem of predatory animals attacking livestock. The second “Wolf Meeting” was held in March, to further discuss the issue and to set up bounties
Bounty (reward)
A bounty is a payment or reward often offered by a group as an incentive for the accomplishment of a task by someone usually not associated with the group. Bounties are most commonly issued for the capture or retrieval of a person or object. They are typically in the form of money...
on the animals; discussions about forming a government also began. Meetings continued in the valley over the next few months, until a large general meeting was held at Champoeg on May 2, 1843. At this meeting, the proposal for forming a provisional government was discussed, and a committee recommendation to form a government was put to a vote. According to his biography, Joseph L. Meek then called for a vote with a final tally of 52 in favor of forming a government, and 50 against, although the only surviving notes taken at the meeting stated that "a large majority" were found to be in favor. With this the Provisional Government of Oregon was formed; on July 5, 1843 the Organic Laws of Oregon
Organic Laws of Oregon
The Organic Laws of Oregon were two sets of laws passed in the 1840s that established a structure for government in the Oregon Country in the northwest corner of North America. These laws were created by a legislative committee formed after the Champoeg Meetings...
were adopted, and people were elected to government offices.
Structure
The Organic Laws were drafted by a legislative committee on May 16, 1843 and June 28, 1843, before being adopted on July 5. Although not a formal constitution, the document outlined the laws of the government. Two years later, on July 2, 1845, a new set of Organic Laws was drafted to revise and clarify the previous version; this newer version was adopted by a majority vote of the people on July 26, 1845. This constitution-like document divided the government into three departments: a judiciary branch, an executive branch, and a legislature. The definition of the executive branch had previously been modified, in late 1844, from a three person committee to a single governor; this change took effect in 1845.Executive branch
Executive Committee (Oregon Territory)
An Executive Committee was the title of a three-person committee which served as the executive Branch of the Provisional Government of Oregon in the disputed Oregon Country. This arrangement was announced on July 5, 1843, after three months of study by the Provisional Legislature at Champoeg...
to act as an executive. The Second Executive Committee was elected on May 14, 1844, and served until June 12, 1845. A December 1844 amendment of the Organic Laws eliminated the Executive Committee in favor of a single governor
Governor of Oregon
The Governor of Oregon is the top executive of the government of the U.S. state of Oregon. The title of governor was also applied to the office of Oregon's chief executive during the provisional and U.S. territorial governments....
, taking effect in June 1845. At that time George Abernethy
George Abernethy
George Abernethy was an American pioneer, notable entrepreneur, and first governor of Oregon under the provisional government in what would become the state of Oregon in the United States...
was elected as the first governor. Abernethy would be the only governor under the Provisional Government. He was reelected in 1847, and served until 1849.
Legislative branch
The Provisional Legislature held session mainly in Oregon CityOregon City, Oregon
Oregon City was the first city in the United States west of the Rocky Mountains to be incorporated. It is the county seat of Clackamas County, Oregon...
. They met at different times each year, and in 1848 they did not meet; too many members had left for the California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
gold fields. The legislature enacted various laws, sent memorials to Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
, incorporated towns and organizations, and granted divorces and licenses to run ferries
Historic ferries in Oregon
Historic ferries in Oregon are water transport ferries that operated in Oregon Country, Oregon Territory, and the state of Oregon, United States...
. After the establishment of the Oregon Territory
Oregon Territory
The Territory of Oregon was an organized incorporated territory of the United States that existed from August 14, 1848, until February 14, 1859, when the southwestern portion of the territory was admitted to the Union as the State of Oregon. Originally claimed by several countries , the region was...
, the legislature was replaced with the two house Oregon Territorial Legislature
Oregon Territorial Legislature
Oregon’s Territorial Legislature was a bicameral legislative body created by the United States Congress in 1848 as the legislative branch of the government of the Oregon Territory...
.
Judicial branch
Oregon Supreme Court
The Oregon Supreme Court is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States. The OSC holds court at the Oregon Supreme Court Building in Salem, Oregon, near the capitol...
consisted of a single supreme judge and two justices of the peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
. The supreme judge was elected by the people, but the legislature could select someone as presiding judge as a replacement if needed. This supreme court had original and appellate jurisdiction over legal matters, whereas the lower probate court and justice courts that were also created could only hear original jurisdictional matters when the amount in controversy was less than $50 and did not involve land disputes. Some judges under the Provisional Government were Nathaniel Ford
Nathaniel Ford
Nathaniel Ford was an American politician and Oregon pioneer during the time of the Oregon Territory. A native of Missouri, he worked as a sheriff in that state before moving to the Oregon Country where he was selected as judge in the Provisional Government of Oregon and served in the Oregon...
, Peter H. Burnett, Osborne Russell
Osborne Russell
Osborne Russell was a mountain man and politician who helped form the government of the U.S. state of Oregon. He was born in Maine....
, Ira L. Babcock, and future United States Senator James W. Nesmith
James W. Nesmith
James Willis Nesmith was an American politician and lawyer from Oregon. Born in Canada to American parents, he grew up in New Hampshire and Maine...
.
Districts
In addition to the division of power among government agencies, the Provisional Government divided the region into administrative districts. These districts are the predecessors to the counties that would form later, and the Organic Laws authorized from three to five districts with additional districts as the population expanded. At first there was Twality district, Yamhill district, Clackamas district, and Champooick district. The districts divided the entire Oregon CountryOregon Country
The Oregon Country was a predominantly American term referring to a disputed ownership region of the Pacific Northwest of North America. The region was occupied by British and French Canadian fur traders from before 1810, and American settlers from the mid-1830s, with its coastal areas north from...
into these four districts, however the effective area of control was limited to the lower Columbia and Willamette Valley.
Twality or Tualatin District boundaries were the northern boundary line of the United States south to the Yamhill River
Yamhill River
The Yamhill River is an tributary of the Willamette River, in the U.S. state of Oregon. Formed by the confluence of the South Yamhill River and the North Yamhill River about east of McMinnville, it drains part of the Northern Oregon Coast Range...
, with the Pacific Ocean as the western boundary and the Willamette River
Willamette River
The Willamette River is a major tributary of the Columbia River, accounting for 12 to 15 percent of the Columbia's flow. The Willamette's main stem is long, lying entirely in northwestern Oregon in the United States...
as the eastern boundary. Champoeg District was the land south of a line drawn from the mouth of the Haunchauke River
Pudding River
The Pudding River is a tributary of the Molalla River in the U.S. state of Oregon. Its drainage basin covers . Among its tributaries is the Little Pudding River...
east to the Rocky Mountains
Rocky Mountains
The Rocky Mountains are a major mountain range in western North America. The Rocky Mountains stretch more than from the northernmost part of British Columbia, in western Canada, to New Mexico, in the southwestern United States...
, north of the border with California, and west to the Willamette River. Clackamas District was all land north of the line drawn from the mouth of the Haunchauke to the U.S. border, and east of the Willamette to the Rockies. Yamhill District was the remaining southeast section of Oregon Country south of the Yamhill River and west of the Willamette.
In 1845 the Provisional Legislature passed a law creating a new district, Polk District, from the southern section of Yamhill District. Governor Abernethy signed the bill into law on December 22, 1845, and at this point districts became counties. Benton County
Benton County, Oregon
-National protected areas:*Siuslaw National Forest *William L. Finley National Wildlife Refuge-Demographics:As of the census of 2000, there were 78,153 people, 30,145 households, and 18,237 families residing in the county. The population density was 116 people per square mile . There were 31,980...
was created out of the southern section of Polk County on December 23, 1847.
Other
Other government positions included Recorder, Treasurer, AttorneyOregon Attorney General
The Oregon Attorney General is a statutory office within the executive branch of the state of Oregon, and serves as the chief legal officer of the state, heading its Department of Justice with its six operating divisions. The Attorney General is chosen by statewide partisan election to serve a term...
, and Sheriff. The recorder position would later become the position of Secretary of State
Oregon Secretary of State
The Secretary of State of Oregon, an elected constitutional officer within the executive branch of government of the U.S. state of Oregon, is first in line of succession to the Governor. The duties of office are: auditor of public accounts, chief elections officer, and administrator of public...
. In 1845, Francis Ermatinger (a Hudson's Bay Company
Hudson's Bay Company
The Hudson's Bay Company , abbreviated HBC, or "The Bay" is the oldest commercial corporation in North America and one of the oldest in the world. A fur trading business for much of its existence, today Hudson's Bay Company owns and operates retail stores throughout Canada...
employee) was elected to the position of Treasurer after carrying the French
French people
The French are a nation that share a common French culture and speak the French language as a mother tongue. Historically, the French population are descended from peoples of Celtic, Latin and Germanic origin, and are today a mixture of several ethnic groups...
vote.
The seal of the government was named the Salmon Seal and was circular with three sheaves of wheat and a salmon with the word OREGON on the top. A flag with a single star and several stripes was used by some troops during the fight against the Cayuse
Cayuse
The Cayuse are a Native American tribe in the state of Oregon in the United States. The Cayuse tribe shares a reservation in northeastern Oregon with the Umatilla and the Walla Walla tribes as part of the Confederated Tribes of the Umatilla Indian Reservation...
tribe.
Laws
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
’ adoption of the Donation Land Claim Act
Donation Land Claim Act
The Donation Land Claim Act of 1850 was a statute enacted by the United States Congress intended to promote homestead settlement in the Oregon Territory in the Pacific Northwest...
. Another law allowed the government to organize a militia
Oregon Rangers
The Oregon Rangers were the first organized militia of settlers in the Willamette Valley of what became the U.S. state of Oregon, but at the time was the Oregon Country. Organized in 1844, the Provisional Government of Oregon never called the troops out to service...
and call them out by order of the Executive or Legislature. Under the first Organic Laws of 1843 inhabitants were guaranteed due process of law and a right to a trial by jury. Some other rights established were: no cruel and unusual punishment, no unreasonable bails for defendants, and no takings
Eminent domain
Eminent domain , compulsory purchase , resumption/compulsory acquisition , or expropriation is an action of the state to seize a citizen's private property, expropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent...
of property without compensation.
In 1844, the legislature passed a law banning the sale of ardent spirits
Distilled beverage
A distilled beverage, liquor, or spirit is an alcoholic beverage containing ethanol that is produced by distilling ethanol produced by means of fermenting grain, fruit, or vegetables...
, out of concern that the Native Americans
Native Americans in the United States
Native Americans in the United States are the indigenous peoples in North America within the boundaries of the present-day continental United States, parts of Alaska, and the island state of Hawaii. They are composed of numerous, distinct tribes, states, and ethnic groups, many of which survive as...
would become hostile if intoxicated. Another 1844 law prohibited additional African American
African American
African Americans are citizens or residents of the United States who have at least partial ancestry from any of the native populations of Sub-Saharan Africa and are the direct descendants of enslaved Africans within the boundaries of the present United States...
s from settling in the region (slavery had already been banned in the Organic Laws). The law banning blacks authorized the lashing of any black forty times from time to time until they left the region, but this punishment was never carried out on anyone. In 1849, one of the last laws passed authorized the minting of coins. These coins would be called the Beaver Coins
Beaver Coins
Beaver Coins, also known in pioneer days as Beaver Money, were gold coins briefly minted by the Provisional Government of Oregon in 1849. The coins were available in 5 and 10 dollar denominations. Their name comes from the prominent beaver depicted on the obverse of the coins...
and were created as a result of significant amounts of gold dust circulating in the area due to the California Gold Rush
California Gold Rush
The California Gold Rush began on January 24, 1848, when gold was found by James W. Marshall at Sutter's Mill in Coloma, California. The first to hear confirmed information of the gold rush were the people in Oregon, the Sandwich Islands , and Latin America, who were the first to start flocking to...
.
Revenue
The first attempt at raising money for the government came in the form of voluntary subscriptions in 1843. However, as this failed to raise enough funds, in 1844 the Executive Committee authorized a property tax. This taxed real estate and personal property, with some exceptions, at the rate of 0.00125%. In 1845 the rate was doubled to .0025%, and a 50¢ poll taxPoll tax
A poll tax is a tax of a portioned, fixed amount per individual in accordance with the census . When a corvée is commuted for cash payment, in effect it becomes a poll tax...
was levied as well. Failure to pay resulted in disenfranchisement.
Collections were difficult as many citizens either refused or were unable to pay what was owed. Therefore, the government began issuing scrip
Scrip
Scrip is an American term for any substitute for currency which is not legal tender and is often a form of credit. Scrips were created as company payment of employees and also as a means of payment in times where regular money is unavailable, such as remote coal towns, military bases, ships on long...
for its loans, which became a sort of currency in the region. During the government's existence it collected around $8,000 from the poll and property taxes—considerably less than the $23,000 it spent.
Militia
The organic laws laid out plans for a militiaMilitia
The term militia is commonly used today to refer to a military force composed of ordinary citizens to provide defense, emergency law enforcement, or paramilitary service, in times of emergency without being paid a regular salary or committed to a fixed term of service. It is a polyseme with...
that included a battalion of mounted riflemen led by someone at the rank of major
Major
Major is a rank of commissioned officer, with corresponding ranks existing in almost every military in the world.When used unhyphenated, in conjunction with no other indicator of rank, the term refers to the rank just senior to that of an Army captain and just below the rank of lieutenant colonel. ...
. This militia was to assemble once per year in September for inspection. Every male between 16 and 60 was considered a member of the military. (This remains so under modern Oregon law
Oregon Revised Statutes
The Oregon Revised Statutes is the codified body of statutory law governing the U.S. state of Oregon, as enacted by the Oregon Legislative Assembly, and occasionally by citizen initiative...
, though now both sexes are included, and the age range is only 18 to 45.) Under the first Organic Laws, power to call out the militia was vested in the Executive Committee, though any officer of the militia could also call them out in times of insurrection or invasion.
In March 1844, the first need for the militia came about when a member of the Molala
Molala
The Molala were a people of the Plateau culture area in central Oregon, United States. Some consider them extinct, though they are one of the Confederated Tribes of the Grand Ronde Community of Oregon, with 141 of the 882 members in the 1950s claiming Molala descent.-Language:The Molalla language...
killed the Recorder, George LeBreton
George LeBreton
George W. LeBreton was a pioneer politician in the Oregon Country and served as the official recorder in the Provisional Government of Oregon....
, and one other in Oregon City. In response to this incident, a company of 25 men were organized as the Oregon Rangers
Oregon Rangers
The Oregon Rangers were the first organized militia of settlers in the Willamette Valley of what became the U.S. state of Oregon, but at the time was the Oregon Country. Organized in 1844, the Provisional Government of Oregon never called the troops out to service...
at the Oregon Institute
Oregon Institute
The Oregon Institute was a school located in the Willamette Valley of the Oregon Country during the 19th century. Begun in 1842, it was the first school built for European-Americans west of Missouri. Founded by members of the Methodist Mission, it was located in what is now Salem, Oregon, United...
. They were led by Captain Thomas D. Keizer, who resigned shortly thereafter. Charles H. Bennett
Charles H. Bennett (soldier)
Charles H. Bennett was present at the discovery of gold that initiated the California gold rush in January 1848. Earlier he served in the United States Army and was captain of a militia unit of the Provisional Government of Oregon...
then took command of these mounted riflemen, who were to be paid $2 per day for service, or $1 if drilling. These men were also expected to provide their own weapons, however the company never saw action at this time.
Cayuse War
Following the Whitman MassacreWhitman massacre
The Whitman massacre was the murder in the Oregon Country on November 29, 1847 of U.S. missionaries Dr. Marcus Whitman and his wife Narcissa Whitman, along with eleven others. They were killed by Cayuse and Umatilla Indians. The incident began the Cayuse War...
in 1847, settlers were worried about additional attacks by the natives. In December 1847, after learning of the attack from the Hudson’s Bay Company, Governor Abernethy and the legislature met to discuss the situation. On December 8, a company of 50 men were to be organized immediately and sent to The Dalles
The Dalles, Oregon
The Dalles is the largest city and county seat of Wasco County, Oregon, United States. The name of the city comes from the French word dalle The Dalles is the largest city and county seat of Wasco County, Oregon, United States. The name of the city comes from the French word dalle The Dalles is...
to protect that settlement and to prevent any forces from penetrating the Willamette Valley. Major Henry A. G. Lee
Henry A. G. Lee
Henry A. G. Lee was a soldier and politician in Oregon Country in the 1840s. A member of Virginia’s Lee family, he was part of the Fremont Expedition and commanded troops during the Cayuse War in what became the Oregon Territory...
was placed in charge of this unit, called the Oregon Rifles
Oregon Rifles
The Oregon Rifles was the first military force organized for the protection of Oregon Country in the northwest of North America. Shortly after the Whitman Massacre, Oregon Governor George Abernethy communicated to the legislature his concern about the seriousness of the conditions, and issued a...
, who arrived at The Dalles on December 21 and established Fort Lee
Fort Dalles
Fort Dalles was a United States Army outpost located on the Columbia River at the present site of The Dalles, Oregon, in the United States. Built when Oregon was a territory, the post was used mainly for dealing with wars with Native Americans...
. An additional force of 500 men were to meet in Oregon City by December 25. This group prosecuted the war east of the Cascades
Cascade Range
The Cascade Range is a major mountain range of western North America, extending from southern British Columbia through Washington and Oregon to Northern California. It includes both non-volcanic mountains, such as the North Cascades, and the notable volcanoes known as the High Cascades...
under the command of Cornelius Gilliam
Cornelius Gilliam
Cornelius Gilliam was a pioneer of the U.S. state of Oregon who was best known as the commander of the volunteer forces against the Cayuse in the Cayuse War. A native of North Carolina, he served in the Black Hawk War and Seminole Wars before settling in Missouri...
. The Cayuse War would continue until the chiefs of the bands turned over several members to be tried for the murders. These men were found guilty and hanged on June 3, 1850, at Oregon City.
Subsequent history
On June 15, 1846, the Oregon boundary disputeOregon boundary dispute
The Oregon boundary dispute, or the Oregon Question, arose as a result of competing British and American claims to the Pacific Northwest of North America in the first half of the 19th century. Both the United Kingdom and the United States had territorial and commercial aspirations in the region...
between the United States and Great Britain
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
was resolved with the Oregon Treaty
Oregon Treaty
The Oregon Treaty is a treaty between the United Kingdom and the United States that was signed on June 15, 1846, in Washington, D.C. The treaty brought an end to the Oregon boundary dispute by settling competing American and British claims to the Oregon Country, which had been jointly occupied by...
. The treaty set the Oregon Country
Oregon Country
The Oregon Country was a predominantly American term referring to a disputed ownership region of the Pacific Northwest of North America. The region was occupied by British and French Canadian fur traders from before 1810, and American settlers from the mid-1830s, with its coastal areas north from...
's international boundary between the U.S. and British North America at the 49th parallel. Two years later, on August 14, 1848, the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
created the Oregon Territory
Oregon Territory
The Territory of Oregon was an organized incorporated territory of the United States that existed from August 14, 1848, until February 14, 1859, when the southwestern portion of the territory was admitted to the Union as the State of Oregon. Originally claimed by several countries , the region was...
; this territory included today's states of Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
, Washington, and Idaho
Idaho
Idaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state....
, and parts of Montana
Montana
Montana is a state in the Western United States. The western third of Montana contains numerous mountain ranges. Smaller, "island ranges" are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,...
and Wyoming
Wyoming
Wyoming is a state in the mountain region of the Western United States. The western two thirds of the state is covered mostly with the mountain ranges and rangelands in the foothills of the Eastern Rocky Mountains, while the eastern third of the state is high elevation prairie known as the High...
. This extended U.S. sovereignty over the region, but effective control would not occur until government officials arrived from the United States.
Joseph Lane
Joseph Lane was an American general during the Mexican-American War and a United States Senator from Oregon.-Early life:...
arrived at Oregon City as the appointed Governor of Oregon Territory. Originally from Indiana
Indiana
Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...
, Lane had been appointed by President Polk
James K. Polk
James Knox Polk was the 11th President of the United States . Polk was born in Mecklenburg County, North Carolina. He later lived in and represented Tennessee. A Democrat, Polk served as the 17th Speaker of the House of Representatives and the 12th Governor of Tennessee...
in August 1848 when the Oregon Territory was created by Congress. 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 incompatible with the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. In 1853, the Washington Territory
Washington Territory
The Territory of Washington was an organized incorporated territory of the United States that existed from February 8, 1853, until November 11, 1889, when the final extent of the territory was admitted to the Union as the State of Washington....
was created from the northern section of the Oregon Territory. On February 14, 1859, the Oregon Territory became the state of Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
.
See also
- Columbia DistrictColumbia DistrictThe Columbia District was a fur trading district in the Pacific Northwest region of British North America in the 19th century. It was explored by the North West Company between 1793 and 1811, and established as an operating fur district around 1810...
- Fort VancouverFort VancouverFort Vancouver was a 19th century fur trading outpost along the Columbia River that served as the headquarters of the Hudson's Bay Company in the company's Columbia District...
- Historic regions of the United StatesHistoric regions of the United StatesThis is a list of historic regions of the United States.-Colonial era :-The Thirteen Colonies:* Connecticut Colony* Delaware Colony* Province of Georgia* Province of Maryland...
- Judges of the Provisional Government
- History of OregonHistory of OregonThe history of Oregon, a U.S. state, may be considered in five eras: geologic history, inhabitation by native peoples, early exploration by Europeans , settlement by pioneers, and modern development....
- Methodist MissionMethodist MissionThe Methodist Mission was founded in Oregon Country in 1834 by the Reverend Jason Lee. The mission was started to educate the Native Americans in the Willamette Valley and grew into an important center for politics and economics in the early settlement period of Oregon.-Foundation:In 1831, several...
- Oregon pioneer historyOregon pioneer historyOregon Pioneer History is the period in the history of the U.S. state of Oregon when pioneers and mountain men, primarily of European descent, traveled west across North America to explore and settle the lands west of the Rocky Mountains and north of California...