Robert C. Clark

“ It was under these new articles of compact and agreement that the Canadians and British sub- jects south of the Columbia joined with the Americans in constituting a government. From the new facts herein first presented showing how the Canadians were led finally to join with the Americans in form- ing a temporary government for the Oregon territory it is now clear that the movement of 1843, participated in by only a "part of the people" must not be considered as anything more than one of several steps in the direction of setting up a constitutional government. ”

“ While the Oregon country was occupied jointly by British and American citizens with equal right from the agreement of 1818 to the treaty of 1846 that established the northern boundary of the United States west of the Rocky Mountains, neither Great Britain nor the United States extended any governmental authority over the territory. The former in- trusted to the Hudson's Bay Company the power to keep order and administer justice for her subjects, the latter left her citizens entirely to their own resources. ”

“ Further they would secure the right of the individual citizen to be heard in affairs of general public in- terest in the meetings of the council when assembled to discuss and regulate the needs of the colony.* 2 At the outset in a new colony they would have as few laws as possible "as the more laws there are the more opportunity for trickery for those who make the law a profession." ”

“ The land law seems to show the animus and purpose of the whole movement. While it makes provision for registering land claims with the recorder of the territory and thus ful- filled one of the chief objects of those desiring a constitution, by furnishing a means of avoiding conflicts in land claims and laying the basis for a more secure title, in its fourth clause it prohibited the holding of a claim of 640 acres "upon city or town lots, extensive water privileges or other situations neces- sary for the transaction of mercantile or manufacturing opera- tions." ”

“ Such conflicts were, how- ever, an ever increasing danger to the peace of the community as the number of Americans was swelled by yearly immigra- tions. But the French-Canadians were so peaceful, industrious, and inoffensive, the Americans for the most part so law-abid- ing, that it was possible to postpone for some years the organi- zation of a government that might embrace the whole com- munity. Such a movement began early in 1841 after the coming in 1839 and 1840 of a few adventurous men from the middle western states. ”

“ Until the boundary of the territory has been definitely fixed by treaty between Great Britain and the United States they insist that the country must be open alike to citizens of every na156 ROBERT CARLTON CLARK ionality,* and any government that shall be formed should be respectful of the rights of all the inhabitants.* 1 They criticise the American plan of government as providing too many offices "filled with too many useless titles for our state of poverty," as they express it. "In a new country, the more men employed and paid by the public, the fewer remain for industry." ”

“ This clause is there made to read, "we are opposed to the regulations an- ticipated." This seems to imply foreknowledge on the part of the Canadians as to the. kind of constitution and laws the Americans intended to adopt in 1843, and thus makes intelligible the objections found in the address. The Canadians really said something entirely different as shown by an examination of the same clause of the French original. "We oppose any regula- tions too much in advance of our state of society" is what they really said. ”

“ But whatever efforts of this nature may have been made in 1842 were again defeated by the Canadians who "outvoted" the Americans. 16 Further incentive for urging on the formation of a pro- visional government grew out of the grievances against the Hudson's Bay Company held by some of the Americans, espe- ically those connected with the Methodist Mission. McLough- lin, chief factor at Vancouver ? laid claim to land at the Falls of the Willamette that was coveted by the Methodists. ”

“ The Canadians also made request in this address for some measure of local autonomy for themselves. They fear being completely submerged by the Americans and seek some guar- antee that their customs will be respected and that they may 40 Clauses n and 12. "Whether subjects of England, France, Ireland or California." 41 Clause n. "Free to every individual to establish himself here without distinction of origin and without right to make him pay for becoming a citizen. 42 Clause 1 6. ”

“ A division is said to have given a majority in favor of organizing. Gray, Hist, of Oregon, p. 279. a6 Journal of meeting of May 2, 1843, in Oregon Archives. 148 ROBERT CARLTON CLARK This May assembly, undiscouraged by the desertion of al- most half their number, proceeded to elect a full corps of officers for the colony, excepting a governor. A legislative committee given authority to draft a constitution and laws, having com- pleted its work in the six days of session allowed, presented it to a meeting of the people held July 5. ”

“ Now at the outset of this effort to organize a government there were not more than 140 white men settled in the region south of the Columbia river, made up almost equally of citizens of Great Britain and the United States. The former consisted for the most part of French-Canadians and half-breeds, with 2 McLoughlin letter of March 20, 1843; F. C. Amer. 401; Wilkffs' Narrative, IV., 330. 3 Oregon Settlers' Petition of 1840; 2$th Congress 3d. Sess. H. Reports, 101; Gray's History of Oregon, p. ”

“ S. Smiths 8 signs as 38 Awkwardly written, but Mr. George H. Himes is positive that it is the signature of Sidney Smith. 154 ROBERT CARLTON CLARK president; J. Gervez [signs with his mark, usually written Gervais] as vice president ”