Provisional Government of Oregon
The Provisional Government of Oregon was a popularly elected settler government created in the Oregon Country, in the Pacific Northwest region of the western portion of the continent 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 and expeditions were authorized at the turn of the 18th to the 19th centuries, such as Lewis and Clark's Corps of Discovery going northwest in 1804–1806, and United States Army Lt. Zebulon Pike and his party first journeying north, then later to the far southwest.
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".
The provisional government had organized with the traditional three branches that included a legislature, judiciary, and executive branch. The executive government was at first the Executive Committee, consisting of three members, in effect from 1843 to 1845; then in 1845, a governor replaced the committee. The judicial branch had a single Supreme Judge along with several lower local courts, and a legislative committee of nine served temporarily as a legislature until later when the lower chamber of the Oregon House of Representatives for the new federal Oregon Territory was established in August 1848 by action of the United States Congress and approved by the President up to statehood in 1859.
Background
A series of frontiersmen and pioneer colonists assemblies were held over several years across the recently settled Willamette Valley, of the Oregon Country, with many on the French Prairie at Champoeg. On February 9, 1841, the death of prominent early settler Ewing Young, who left no last will and testament nor had any heirs in Oregon Country region, left the future of his property uncertain. On February 17, missionary Jason Lee, chaired the first meeting organised to discuss the matter. He proposed the creation of an authority over the pioneers centered on a governor. Some French-Canadian settlers blocked the measure and instead a probate judge and a few other positions were appointed.Further attempts at a pioneer government floundered until increased numbers of wagon train caravans traveling westward over the Oregon Trail led to an increase in the American settler population from the east. Initiated by William H. Gray, the "Wolf Meetings" of early 1843 created a bounty system on animal predators attacking settlers' livestock of cattle, pigs and sheep. Further discussions began among the settlers until a gathering was finally held at Champoeg on May 2, with under 150 Americans and French-Canadians participating. The proposal for forming a provisional government was tabled and voted on twice. The first vote rejected the presented report due to the inclusion of a governor, with a second vote on each individual text item / provision that was proposed. Two months later, on July 5, 1843, the Organic Laws of Oregon, modeled after the 1838 Iowa Territory's Organic Law and the previous old Ordinance of 1787, under the earlier governing document of the Articles of Confederation and Perpetual Union drawn up 1776–1780, and adopted 1781, for establishing the old Northwest Territory, were adopted by the new American and former French-Canadian colonists of the Willamette Valley, establishing the Provisional Government of Oregon.
The government was, according to pioneers Overton Johnson and William H. Winter, intended from the start as an interim entity, until "whenever extends her jurisdiction over the Territory".
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.When appealing for military aid from the American Government in the aftermath of the Whitman massacre, the settlers detailed the structural weaknesses of the Provisional Government:
The very nature of our compact formed between the citizens of a republic and the subjects and official representatives of a monarchy, is such that the ties of political union could not be drawn so closely as to produce that stability and strength sufficient to form an efficient government. This union between democrats of a republic and wealthy aristocratic subjects of a monarchy could not be formed without reserving to themselves the right of allegiance to their respective governments. Political jealousy and strong party feeling have tended to thwart and render impotent the acts of a government, from its very nature weak and insufficient.
Executive branch
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.Legislative branch
The Provisional Legislature held session mainly in Oregon City. 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.Judicial branch
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.Districts
During its existence the Provisional Government's authority was restricted to the pioneer settlements, generally located in or around the Willamette Valley. The entire Oregon Country was decreed to be covered by four administrative divisions. Initially created on July 5, 1843, were the Twality, Yamhill, Clackamas and Champooick districts. Yamhill district claimed the lands west of the Willamette River and a line extending from its course, and south of the Yamhill River. Champooick District was adjacent to the east, its northern border the confluence of the Pudding and Molalla Rivers. Twality District was directly north of Yamhill District, its eastern border extending from the mouth of the Willamette River. Clackamas District was to contain "all the territory" that was not decreed a part of the other three districts, located east of Twality District and north of Champooick District. The extent of land claimed north was vague, being "south of the northern boundary of the United States". Despite this the government was defined to extend over all the lands east to the Rocky Mountains and north of the Mexican territory of Alta California.Throughout 1843 and 1844, no attempts were made at controlling lands north of the Columbia River, then under the influence of the Hudson's Bay Company through Fort Vancouver. In June 1844 the Columbia River was declared as the northern border of the Provisional Government, but by December the most expansive American claim in the Oregon boundary dispute of Parallel 54°40′ north was adopted. On December 22, 1845 districts were renamed to counties. Additional districts were created over time from the original four, including the Clatsop, Vancouver, Linn, Clark, Polk, Benton counties.
Other
Other government positions included Recorder, Treasurer, Attorney, and Sheriff. The recorder position would later become the position of Secretary of State.Laws
With the formation of the Provisional Government, a committee of nine individuals were elected to frame the laws of the government. This Legislative Committee consisted of David Hill, Robert Shortess, Alanson Beers, William H. Gray, James A. O'Neil, Robert Newell, Thomas J. Hubbard, William Dougherty, and Robert Moore who was elected as the chairman of the committee. Each member was to be paid $1.25 per day for their services with the first meeting held May 15, 1843. On July 4 a new gathering began at Champoeg with speeches for and against the proposals of the committee. Then on July 5, 1843 the Organic Laws of Oregon are adopted by popular vote after being recommended by the Legislative Committee, with the laws modeled after Iowa's Organic Law and the Ordinance of 1787, creating the de facto first Oregon constitution. Scholars and historians have appraised the First Organic Laws as being "very crude and unsatisfactory", not allowing for an effective government body to function.Over the course of nearly six years under the provisional government, the settlers passed numerous laws. One law allowed people to claim 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.
Following the Cockstock Incident in 1844, the legislature decreed that African Americans could not reside in the Oregon Country, only David Hill and Asa Lovejoy voting against the bill. The punishment for any freemen was to be administered every six months of their residency being "not less than twenty nor more than thirty-nine stripes". The law was never actually enforced and was struck down in July 1845. However, in 1849 the legislature passed a new law once again prohibiting African Americans in the territory, but differed from the original 1844 law in that it applied to African Americans entering after it was passed, and it used different means to enforce it. Despite facing legal discrimination that denied them suffrage and threatened violence, black pioneers remained in Oregon. While the USS Shark was in the region in 1846, its commanding officer estimated there were around 30 black settlers.
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.