Provisional Legislature of Oregon

Last updated
Provisional Legislature of Oregon
Provisional Government of Oregon
Oregon Provisional Government Seal.png
Provisional Government's Salmon Seal
Type
Type
Houses
  • Legislative Committee
    (1843–1844)
  • House of Representatives
    (1845–1849)
History
Established1843
Disbanded1849
Preceded by Champoeg Meetings
Succeeded by Oregon Territorial Legislature
Seats
  • 9 (1843–1844)
  • 13 (1845)
  • 17 (1846)
  • 19 (1847–1849)
Meeting place
Oregon City

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. This democratically elected legislature became the Oregon Territorial Legislature when the territorial authorities arrived after the creation of the Oregon Territory by the United States in 1848. The body was first termed the Legislative Committee and later renamed the House of Representatives. Over the course of its six-year history the legislature passed laws, including taxation and liquor regulation, and created an army to deal with conflicts with Native Americans.

Contents

Many of the legislators would become prominent figures during the territorial years of Oregon. At first the body was a small committee of nine people, but the group was altered when the Organic Laws of Oregon were revised in 1845 with the legislative branch of the Provisional Government becoming the Oregon House of Representatives with a minimum of 13 members. Once the government was dissolved in 1849, all the laws remained in effect, except for the one that authorized the minting of coins. Territorial Governor Joseph Lane nullified that law, because it was in conflict with Article I, Section 8 of the United States Constitution, giving Congress the sole right to coin money, thus ending production of the Beaver Coins.

Background

On May 2, 1843, by a vote of 52 to 50, the European American settlers of the Oregon Country (mainly those from the Willamette Valley), created a provisional government at Champoeg. [1] In May and June, a nine-person committee met in Oregon City and drafted the Organic Laws of Oregon as a pseudo-constitution that was subsequently ratified on July 5, 1843. [2] This document created the government and authorized a provisional legislature of nine people. [2]

1843

Original districts of the government with the eventual U.S. borders and states Oregon provisional districts 1843.jpg
Original districts of the government with the eventual U.S. borders and states

On May 16, the nine-person committee of James A. O'Neil, Robert Moore, William H. Gray, William P. Dougherty, David Hill, Robert Shortess, Thomas J. Hubbard, Robert Newell, and Alanson Beers met for three days to draft laws. [3] The group met again for two days starting on June 16, with George LeBreton serving as the recorder and Moore as the chairman for both sets of meetings. [3] The laws drafted became the Organic Laws of Oregon and were ratified on July 5. Committees on land claims, appropriations, military, the judiciary, and districting were also formed at that meeting. [1]

The organic laws were based on the laws of Iowa Territory. [4] The document outlined the legislative branch and its powers, vested in a unicameral or single body. [4] At that time the title of the legislature was the Legislative Committee and it consisted of nine elected representatives apportioned by population to the four established districts (which later became counties). [4] The Organic Laws required the legislature to meet in June and December of each year. [4]

1844

The first meeting of the 1844 legislature took place June 18 at the home of Felix Hathaway in Oregon City. [5] [6] This session lasted until June 27, and another session was held from December 16 to 21 at the residence of John E. Long, also in Oregon City. [5] At the December meeting, Executive Committee members Peter G. Stewart and Osborne Russell presented a message to the group regarding the opposing claims of the United States and Great Britain. [5]

Among the laws passed during the 1844 session was the "Lash Law", which banned Blacks from living in the territory with violators subject to 20–39 lashes across the back every six months, until the person left the region. [7]

Members

Members of the legislature and the districts they represented (McCarver served as the speaker of the body with John E. Long as the recorder): [5]

1845

The 1845 legislature met three different times, under two different structures. First, from June 24 to July 5, 1845, the legislature met in Oregon City, first at the home of John E. Long and then the home of Theophilus R. Magruder, with Morton M. McCarver serving as the speaker of the group. [8] After this, the Organic Laws were replaced with the Organic Act of 1845, which altered the legislature in several ways. [4] First the number of representatives was increased to include a minimum of 13 and a maximum of 61. [4] Second, the name was changed to the House of Representatives. [4] All members of the body were to be elected by popular vote with vacancies filled using special elections. [4] The body also received new powers to impeach any civil official by a 3/4ths vote, apportion the legislators among the districts, create post offices, levy taxes, declare war, organize and call out the militia, create lower courts, pass laws concerning the general welfare of the region, regulate trade with the Native Americans, regulate liquor sale and manufacture, and regulate the police power of the government, among other powers. [4] Meetings continued to be in June and December. [4]

Legislator Joseph Meek Joseph L. Meek.jpg
Legislator Joseph Meek

With these changes, a special session of the legislature met August 5 until August 20 in Oregon City. [9] On August 11, 1845 at the introduction of Jesse Applegate the body passed a law against dueling within a half hour that Governor Abernethy also signed within 30 minutes of the bill's introduction. [2] A new legislature met beginning on December 2, with Robert Newell serving as the speaker of the body through December 10 and Henry A. G. Lee assuming the post until the conclusion of the session on December 19. [10] Polk District was created during the session, with the bill passed on December 19. [1] John E. Long served as the recorder and Theophilus R. Magruder as the sergeant at arms for the group. [10] The same people who served in the summer session also served in the December session. [10]

These sessions of the legislature designated Oregon City as the official capital and introduced income and property taxes that replaced an 1843 subscription program used to finance the government's activities. [7] Other business included a ban on hard liquor, the incorporation of Oregon City, approval for the Barlow Road around Mount Hood, incorporation of the Multnomah Circulating Library, and incorporation of the Oregon Institute. [7] At the meetings John E. Long served as the recorder, Frederick Prigg as the clerk, a Mr. Shaw as the sergeant at arms, and two people as chaplains. [8]

Members

Members of the legislature and the districts they represented: [8]

1846

After hearing the news that the United States had informed Britain it would be ending its obligations under the Treaty of 1818 and looking for a division of the Oregon Country, the legislature scaled back its agenda. [7] One piece of legislation passed was a pilotage law that set standards and licensed boat pilots at the mouth of the Columbia River. [1] The 1846 legislature met in the home of Henry Montgomery Knighton in Oregon City from December 1 through 19, with Asa Lovejoy serving as the speaker and leader. [11] Noah Huber served as a clerk and Knighton as sergeant at arms. [11]

Members

Members of the legislature and the districts they represented: [11]

1847

Nesmith James W. Nesmith - Brady-Handy (retouched).jpg
Nesmith

In 1847 the legislature met from December 7 to 28 at the Methodist Church in Oregon City. [12] [13] On the second day of this meeting at Main and Seventh streets, news of the Whitman massacre, which occurred on November 29, 1847, was delivered to the legislature by Governor Abernethy. [13] [14] This event would dominate the remainder of the session as the Provisional Government worked with the Hudson's Bay Company to send an army east to Walla Walla. [7] Forty-two men under the command of Henry A. G. Lee were sent immediately to The Dalles in what was the beginning of the Cayuse War. [14] A large force under the command of Cornelius Gilliam was then organized and sent to punish those responsible for the massacre. [15] On December 23, the group created Benton District out of the southern section of Polk District, naming the new district for Missouri Senator Thomas Hart Benton. [1] In the legislature, Robert Newell was chosen as the speaker of the group with Calvin W. Cook as clerk. [12]

Members

Members of the legislature and the districts they represented: [12]

Final sessions

The Beaver Coins. BeaverCoins.JPG
The Beaver Coins.

The Provisional Legislature met for two sessions in late 1848 and early 1849. [16] The first session, from December 5 to December 13, never formally organized as so many of the representatives had traveled south for the California Gold Rush. [7] [16] Beginning on February 5, a session was organized that conducted the final business of the Provisional Government. The session lasted until February 16. [16] During this session a law forbidding the sale of firearms and supplies to Native Americans was repealed, and a law was passed to authorize the minting of gold coins. [14] The law concerning the coins allowed for the creation of the Beaver Coins, which had a higher gold content than United States minted coins. [7] Less than a month later, when the new territorial governor Joseph Lane arrived, however, he rescinded the law as unconstitutional and the coins were collected and removed from circulation. [7] For the legislative session Ralph Wilcox was chosen as speaker, but he resigned from the post. Stephen Meek served as the doorkeeper, William G. T’Vault as a clerk, and William Holmes as sergeant at arms. [16]

Members

Members of the legislature and the districts they represented: [16]

Oregon Territory

Seal of the Oregon Territory. Seal of the Oregon Territory.png
Seal of the Oregon Territory.

On June 15, 1846, the Oregon Treaty was signed with Great Britain, which settled the dispute over sovereignty of the Oregon Country. [15] On August 13, 1848, the United States Congress created the Oregon Territory out of the land between California and the 49th parallel (this served as the border with Britain's North American colonies) and west of the Rocky Mountains. [15] A new bicameral territorial legislature was created with an upper chamber Council and lower chamber House. [18] These bodies met for the first time on July 16, 1849, with some members of the provisional legislature continuing into the new government, including David Hill, Asa Lovejoy, Samuel Parker, and Absalom J. Hembree. [18] Upon statehood in 1859, the territorial legislature would be transformed into the Oregon Legislative Assembly.

Related Research Articles

<span class="mw-page-title-main">Beaver coins</span> Former currency in Oregon, United States

Beaver Coins, also known in pioneer days as Beaver Money, were gold coins minted in Oregon in 1849. Their name comes from the prominent beaver depicted on the obverse of the coins. The currency contained 8% more gold than contemporary coins from the United States of America. Today these coins are quite rare and valuable.

<span class="mw-page-title-main">Asa Lovejoy</span> American politician (1808–1882)

Asa Lawrence Lovejoy was an American pioneer and politician in the region that would become the U.S. state of Oregon. He is best remembered as a founder of the city of Portland, Oregon. He was an attorney in Boston, Massachusetts before traveling by land to Oregon; he was a legislator in the Provisional Government of Oregon, mayor of Oregon City, and a general during the Cayuse War that followed the Whitman massacre in 1847. He was also a candidate for Provisional Governor in 1847, before the Oregon Territory was founded, but lost that election.

David Hill was an American pioneer and settler of what became Hillsboro, Oregon, United States. He served in the Provisional Government of Oregon in both the executive and legislative branches, and later as a legislator in the first Oregon Territorial Legislature. Hill made a transaction with the county court in 1850 that led to the renaming of Columbus to Hillsborough in honor of Hill.

<span class="mw-page-title-main">Champoeg Meetings</span>

The Champoeg Meetings were the first attempts at formal governance by European-American and French Canadian pioneers in the Oregon Country on the Pacific Northwest coast of North America. Between 1841 and 1843, a series of public councils was held at Champoeg, a settlement on the French Prairie of the Willamette River valley in present-day Marion County, Oregon, and at surrounding settlements. The meetings were organized by newly arrived settlers as well as Protestant missionaries from the Methodist Mission and Catholic Jesuit priests from Canada.

<span class="mw-page-title-main">Joel Palmer</span> American pioneer, author, politician (1810–1881)

General Joel Palmer was an American pioneer of the Oregon Territory in the Pacific Northwest region of North America. He was born in Upper Canada, and spent his early years in New York and Pennsylvania before serving as a member of the Indiana House of Representatives.

<span class="mw-page-title-main">Jesse Applegate</span> American pioneer

Jesse Applegate was an American pioneer who led a large group of settlers along the Oregon Trail to the Oregon Country. He was an influential member of the early government of Oregon, and helped establish the Applegate Trail as an alternative route to the Oregon Trail.

<span class="mw-page-title-main">Provisional Government of Oregon</span> Early elected government of Pacific Northwest, 1843–1849

The Provisional Government of Oregon was a popularly elected settler government created in the Oregon Country, in the Pacific Northwest region of North America. Its formation had been advanced at the Champoeg Meetings since February 17, 1841, and it existed from May 2, 1843 until March 3, 1849, and provided a legal system and a common defense amongst the mostly American pioneers settling an area then inhabited by the many Indigenous Nations. Much of the region's geography and many of the Natives were not known by people of European descent until several exploratory tours were authorized at the turn of the 18th and 19th centuries. The Organic Laws of Oregon were adopted in 1843 with its preamble stating that settlers only agreed to the laws "until such time as the United States of America extend their jurisdiction over us". According to a message from the government in 1844, the rising settler population was beginning to flourish among the "savages", who were "the chief obstruction to the entrance of civilization" in a land of "ignorance and idolatry".

<span class="mw-page-title-main">William H. Willson</span> American politician

William Holden Willson was a pioneer of the U.S. state of Oregon and the founder of its capital city, Salem. A native of New Hampshire, he immigrated to the Oregon Country in 1837 to work at the Methodist Mission, and there would participate in the Champoeg Meetings. Willson served as the first treasurer of the Provisional Government of Oregon.

<span class="mw-page-title-main">Oregon Territorial Legislature</span> A defunct legislative body by the United States Congress

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. The upper chamber Council and lower chamber House of Representatives first met in July 1849; they served as the region's legislative body until Oregon became a state in February 1859, when they were replaced by the bicameral Oregon State Legislature.

<span class="mw-page-title-main">Organic Laws of Oregon</span>

The Organic Laws of Oregon were two sets of legislation passed in the 1840s by a group of primarily American settlers based in the Willamette Valley. These laws were drafted after the Champoeg Meetings and created the structure of a government in the Oregon Country. At the last Champoeg Meeting in May 1843, the majority voted to create what became the Provisional Government of Oregon. Laws were drafted by the committee and accepted by a popular vote in July. These laws were reformed by a second version in 1845.

<span class="mw-page-title-main">Oregon Constitutional Convention</span>

The Oregon Constitutional Convention in 1857 drafted the Oregon Constitution in preparation for the Oregon Territory to become a U.S. state. Held from mid-August through September, 60 men met in Salem, Oregon, and created the foundation for Oregon's law. The proposal passed with a vote of 35 for adoption to 10 against. Oregon then became the 33rd state of the Union on February 14, 1859.

<span class="mw-page-title-main">Robert Newell (politician)</span> American politician and fur trapper

Robert "Doc" Newell was an American politician and fur trapper in the Oregon Country. He was a frontier doctor in what would become the U.S. state of Oregon. A native of Ohio, he served in the Provisional Government of Oregon and later was a member of the Oregon State Legislature. The Newell House Museum, his reconstructed former home on the French Prairie in Champoeg, is listed on the National Register of Historic Places.

Samuel Parker (1806–1886) was an American pioneer of the Oregon Country, in what was to become the state of Oregon. Parker would later participate in the legislatures of the provisional, territorial, and state governments of Oregon.

<span class="mw-page-title-main">George K. Gay</span> American fur trader (1810–1882)

George Kirby Gay was an English sailor and later settler in the Oregon Country. He was a member of the Willamette Cattle Company that brought livestock to Oregon and built the first brick house in the United States west of the Rocky Mountains. Gay also participated in the Champoeg Meetings that created a provisional government in what would become the U.S. state of Oregon.

<span class="mw-page-title-main">Harvey L. Clark</span>

Harvey L. Clarke was an educator, missionary, and settler first on the North Tualatin Plains which would become Glencoe, Oregon, and then on the West Tualatin Plains that would become Forest Grove, Oregon. A native of Vermont, he moved to the Oregon Country in 1840 where he participated at the Champoeg Meetings, May 2, 1843, and helped to found Tualatin Academy that later became Pacific University. Clarke also worked for the Methodist Mission and was a chaplain for the Provisional Legislature of Oregon in 1845.

James A. O’Neil was an American businessman and politician in the Oregon Country and later Oregon Territory. A New York native, he took part in the Champoeg Meetings and helped form the Provisional Government of Oregon. Prior to the formation of a government he participated in the Willamette Cattle Company, and later served as a judge in the Provisional Government.

Absalom Jefferson Hembree was an American soldier and politician in what became the state of Oregon. A native of Tennessee, he served in the Provisional Legislature of Oregon and the Oregon Territorial Legislature before being killed in action during the Yakima War.

<span class="mw-page-title-main">Medorem Crawford</span> Oregon politician (1819–1891)

Medorem Crawford was an American soldier and politician in what became the state of Oregon. A native of the state of New York, he emigrated to the Oregon Country in 1842 where he participated in the Champoeg Meetings and served in the resulting Provisional Government of Oregon as a legislator. A Republican, he later served in the Oregon House of Representatives after statehood and was appointed to several federal government offices. During the American Civil War he escorted emigrants over the Oregon Trail.

<span class="mw-page-title-main">Robert V. Short</span> American politician

Robert Valentine Short was an American politician and land surveyor in Oregon. A native of Pennsylvania, he traveled the Oregon Trail where he eventually settled in Yamhill County. He was a member of the Oregon Constitutional Convention and later the Oregon House of Representatives. Short also served in the Indian Wars and lived in Portland.

References

  1. 1 2 3 4 5 Corning, Howard M. Dictionary of Oregon History. Binfords & Mort Publishing, 1956.
  2. 1 2 3 Gray, William H. A History of Oregon, 1792–1849, Drawn from personal observation and authentic information. Harris & Holman: Portland, OR. 1870.
  3. 1 2 "Oregon Legislative Assembly (2nd Pre-Provisional) 1843 Meetings". Archived from the original on 2019-05-18. Retrieved 2021-02-01.
  4. 1 2 3 4 5 6 7 8 9 10 Oregon Legislative Assembly History. Archived 2019-01-30 at the Wayback Machine Oregon State Archives. Retrieved on February 17, 2012.
  5. 1 2 3 4 Oregon Legislative Assembly (3rd Pre-Provisional) 1844 Meetings. Archived 2019-05-18 at the Wayback Machine Oregon State Archives. Retrieved on November 9, 2007.
  6. Bancroft, Hubert Howe, and Frances Auretta Fuller Barrett Victor (1886). History of Oregon. Archived 2014-07-06 at the Wayback Machine San Francisco: History Co, Vol. 29, p. 428.
  7. 1 2 3 4 5 6 7 8 History of Oregon. William Henry Gray. 1880. pg. 378
  8. 1 2 3 Oregon Legislative Assembly (4th Pre-Provisional) 1845 Meetings. Archived 2019-05-18 at the Wayback Machine Oregon State Archives. Retrieved on November 9, 2007.
  9. Oregon Legislative Assembly (Provisional) 1845 Special Session. Archived 2019-05-18 at the Wayback Machine Oregon State Archives. Retrieved on November 9, 2007.
  10. 1 2 3 Oregon Legislative Assembly (1st Provisional) 1845 Regular Session. Archived 2019-05-18 at the Wayback Machine Oregon State Archives. Retrieved on November 9, 2007.
  11. 1 2 3 Oregon Legislative Assembly (2nd Provisional) 1846 Regular Session Archived 2019-05-18 at the Wayback Machine , Oregon State Archives. Retrieved on November 9, 2007.
  12. 1 2 3 Oregon Legislative Assembly (3rd Provisional) 1847 Regular Session. Archived 2019-05-18 at the Wayback Machine Oregon State Archives. Retrieved on November 9, 2007.
  13. 1 2 "1840–1990 Keepsake Edition". Statesman Journal. October 26, 1990. p. 8.
  14. 1 2 3 Brown, J. Henry (1892). Brown's Political History of Oregon: Provisional Government. Wiley B. Allen.
  15. 1 2 3 Horner, John B. (1921). "Oregon: Her History, Her Great Men, Her Literature". The J.K. Gill Co.: Portland.
  16. 1 2 3 4 5 Oregon Legislative Assembly (4th Provisional) 1848–1849 Regular Session. Archived 2019-05-18 at the Wayback Machine Oregon State Archives. Retrieved on November 9, 2007.
  17. Oregon Blue Book Oregon Secretary of State Agency History, page 12. Retrieved on April 28, 2021.
  18. 1 2 Oregon Legislative Assembly (1st Territorial) 1849 Regular Session. Archived 2019-05-18 at the Wayback Machine Oregon State Archives. Retrieved on November 9, 2007.