Death of Ewing Young.—First public attempt to organize a provisional government.—Origin of the provisional government.—First Oregon schooner.

In the early part of this year, about the 15th of February, 1841, Mr. Ewing Young, having been sick but a short time, died. He left a large band of cattle and horses and no will, and seems to have had no heirs in the country. On the 17th we find most of the settlers present at the funeral. After burying Mr. Young, a meeting was called, over which Rev. Jason Lee presided. After some discussion it was thought best to adjourn to meet at the Methodist Mission.

On the next day, the 18th, short as the notice was, nearly all the settlers were present,—Canadians, French, English, Americans, and Protestant missionaries and Jesuit priests.

Rev. Jason Lee, for some cause not stated, was excused from acting as chairman, and Rev. David Leslie elected to fill his place. Rev. Gustavus Hines and Sydney Smith were chosen as secretaries. “The doings of the previous day were presented to the assembly and adopted in part.” Why does not Mr. Hines give us all the proceedings of the previous day? Was there any thing in them that reflected upon the disposition of the reverend gentleman to control the property of the deceased Mr. Young, and apply it to the use of the mission, or distribute it among its members?

We are well aware of the fact that, on the death of a person in any way connected with, or in the service of, the Hudson’s Bay Company, they at once administer upon his estate, to the setting aside of the will of the deceased, as in the case of Mr. P. C. Pambrun, which occurred the summer before Mr. Young’s decease; and, more recently, of Mr. Ray, who died at San Francisco. Mr. Ray was an active, energetic young man, had won the heart and hand of Miss McLaughlin, youngest daughter of Governor McLaughlin, and by this marriage had three interesting children, a son and two daughters. By his trading and speculations with his private funds, he had acquired a handsome fortune for his young family. At his death the Hudson’s Bay Company sent an agent to take charge of the property. He claimed that as Mr. Ray was a servant of the company, and in their employ, he had no right to acquire property outside of their business; hence, the property belonged to the company. The books were canceled, and left his estate in debt to the company, and his family destitute. His widow was obliged to take in washing, which was given her by some American officers then at that place. By this means she supported herself and young family till she could obtain help from her father, who had withdrawn from the company, and was then residing in Oregon City.

This is as good an illustration of the Hudson’s Bay Company’s generosity as can be given. They pursued Dr. McLaughlin and his children to the death. Their influence and statements have led the American people to mistake the doctor’s unbounded generosity to them as wholly due to the company, and changed the friendly feeling and rewards due to Dr. McLaughlin for needed supplies in the hour of greatest peril to their own account, at the same time holding the doctor’s estate responsible for every dollar, as they did Mr. Ray’s.

As to Messrs. Shepard’s and Olley’s estates, they were both administered by the Methodist Mission, or some one or more of its members. I have never been able to learn the results, but have been informed that, as they were members of the mission, the little property they had was disposed of as per mission usage. In the case of Mr. Young, the settlers found themselves somewhat interested. As to any Frenchman or Roman Catholic, it was taken for granted, if he was not the servant of the Hudson’s Bay Company, his property went to the priest.

The settlers were united in the opinion that some understanding or laws should be adopted to govern the settlement of estates, other than the custom adopted by the Hudson’s Bay Company or the missions; hence they all turned out, and were completely defeated by the operations of the Jesuit and Methodist missions. A resolution was ready, prepared for the occasion:—

“Resolved, That a committee be chosen to form a constitution, and draft a code of laws, and that the following persons compose that committee: Rev. F. N. Blanchet, Rev. Jason Lee, Rev. Gustavus Hines, Rev. Josiah L. Parish; Mr. D. Donpierre, Mr. M. Charlevo, Mr. Robert Moore, Mr. E. Lucia, Mr. Wm. Johnson.”

The committee first named in the resolution contained the names of the three first-named clergymen. This was clerical law and constitution a little too strong. It was then moved to put upon the committee some that were not clergymen. The committee was finally made up of nine. Now comes the test of all,—the governor. Revs. Leslie and Hines, and Drs. Babcock and Bailey were prominent candidates. The prospects were that the three Protestant missionary candidates would divide that influence so that Dr. Bailey would be elected.

It will be borne in mind that Dr. Bailey was a man of strong English prejudices, and opposed to religious societies and religion generally. He could secure the French Catholic vote, and the majority of the settlers. He was present at the meeting, with his Canadian, French, and Hudson’s Bay servant voters, all trained to vote for him for governor. He nominated himself, and so disgusted the American settlers that they joined in the effort to defeat him.

Mr. Hines was the prominent candidate to enter the field, and secure the leading influence in the government. That office was the leading question,—Bailey could not be trusted, and Hines could not be elected; hence the office of governor was discarded, and the committee instructed to prepare a constitution and laws, to be executed without an executive. This was a shrewd and cunning device, to say the least of it, one calculated to make the judicial and executive office one, in the same person; which seemed by common consent to be Dr. I. L. Babcock, a man equally as ambitious and aspiring as Dr. Bailey, but in good standing in the mission, and a stranger to the settlers. This point gained, George W. Le Breton, a young adventurer, who came to the country in the employ of Captain Couch, on the brig Maryland, having a fair education, and generally intelligent and agreeable in conversation, who had been brought up in good society, and was inclined to, or educated in, the Roman faith. This young man was elected to fill the offices of clerk of the court and public recorder, as a compromise with the Jesuits. To harmonize the English element, Wm. Johnson was elected high sheriff. Zavia Ladaroot, Pierre Billique, and Wm. McCarty were chosen constables. Messrs. Gervais, Cannon, Robert Moore, and Rev. L. H. Judson were chosen justices of the peace. Here comes the climax of all wisdom:—

“It was then resolved, that, until a code of laws be drafted by the Legislative Committee and adopted by the people, Ira L. Babcock, the supreme judge, be instructed to act”—just as he pleased. Mr. Hines says in his book, 419th page—“according to the laws of the State of New York.”

I query whether there was a single copy of the laws of that State in the country for ten years after the last resolution was passed. I know there was none at the time, and only a single copy of the laws of Iowa two years after; hence, Ira L. Babcock was law-maker, judge, and executive to the settlement, just as much so as John McLaughlin was to the Hudson’s Bay Company.

To keep up the farce (for the whole proceeding deserves no other name), “it was then resolved to adjourn, to meet the first Thursday in June, at the new building near the Roman Catholic church.” The record proceeds: “Thursday, June 11, 1841. The inhabitants of the Wallamet Valley met according to adjournment, and the meeting was called to order by the chairman, Rev. David Leslie. On motion, the doings of the former meeting were read, on which the committee for drafting a constitution and code of laws was called for, and information was communicated to the meeting by the chairman of the committee, that, in consequence of his not having called the committee together, no report had been prepared.” His Jesuitical Reverence, F. N. Blanchet, was excused from serving on the committee, at his own request. The settlers and uninitiated were informed by his reverence that he was unaccustomed to make laws for the people, and did not understand how to proceed, while divide and conquer, the policy adopted by the Hudson’s Bay Company, was entered into with heart and soul by this Reverend Father Blanchet and his associates. “On motion, it was then resolved, that a person be chosen to fill the place thus vacated in the committee for drafting a constitution and code of laws, and Dr. Wm. J. Bailey was chosen.”

The motion that follows shows that the settlers were suspicious of influences operating against them to deprive them of a voice in their own government, for they then, “on motion, resolved that this committee be instructed to meet for the transaction of their business on the first Monday of August next.” They further instructed this committee to report at a subsequent meeting, “to be held the first Thursday in October next. On motion, resolved, that the committee be advised to confer with the commander of the American exploring squadron now in the Columbia River, concerning the propriety of forming a provisional government in Oregon.”

“Resolved, That the motion to adopt the report of the nominating committee presented at a previous meeting be rescinded.” Were the settlers really in favor of an organization adapted to their wants, and contrary to the wishes of the Hudson’s Bay Company and clerical government then existing? The above resolution shows the fact. They have handsomely relieved the Jesuits of their responsibility, and left them to work with their associates and co-laborers,—the Hudson’s Bay Company and Indians. They, to soften matters, allowed the committee to consider the nature of the government about to be formed, and the officers necessary, and—

“Resolved, That the committee to draft a constitution be instructed to take into consideration the number and kind of officers it will be necessary to create, in accordance with their constitution and code of laws, and to report the same at the next meeting.” It was also resolved that the report of the nominating committee be referred to the Legislative Committee.

Mr. Secretary Hines does not give us the names of the nominating committee and the officers they first reported.

The meeting held at or near the Roman Catholic church on the 11th of June was adjourned to meet at the Methodist Mission at eleven o’clock on the first Thursday in October following. Duly signed, David Leslie, chairman; Gustavus Hines, Sydney Smith, secretaries. The whole humbug had been completed; the Methodist Mission party was safe; the Hudson’s Bay Company and Jesuits only wanted time to carry out their arrangements and drive the whole concern from the country, or make a grand sacrifice for the benefit of the Hudson’s Bay Company’s trade and mother church.

The idea of resisting the American influence was no new one; it was announced as early as 1838. The combinations were ready to be made that, at the proper time, every Hudson’s Bay Company’s man felt certain, would accomplish the object they desired. They were ready and did invest their money upon the issue. It is true other parties came in and formed combinations that they supposed themselves capable of destroying by a single word. They failed; and in 1865 we find them, the petitioners, with a host of those they sought to rob, crying against their injustice. They ask for compensation for attempting to prevent the rightful owners of the country from occupying it. This is in keeping with their whole course. Their impudence may carry them through and win their case, which justice and truth should deny them.

Mr. Hines says, page 240: “I have previously stated that the origin of the attempt to form a kind of provisional government was the removal by death of the late Ewing Young, leaving, as he did, a large and unsettled estate, with no one to administer it, and no law to control its administration. The exigency of this case having been met by the appointment of a judge with probate powers, who entered immediately upon his duties” (giving no bonds to any body), “and disposed of the estate of Ewing Young to the entire satisfaction of the community, and the fact that some of the most influential citizens of the country, and especially some of the Legislative Committee, were adverse to the idea of establishing a permanent organization so long as the peace and harmony of the community could possibly be preserved without it, the subject was permitted to die away and the committee for drafting a constitution and code of laws did not meet according to their instructions, nor did the meeting at which they were expected to report ever take place.”

Mr. Hines, in his account of this affair, is not quite satisfied himself with the reasons he has given, so he goes on to state many facts as connected with the arrival of the exploring squadron of the United States, under command of Captain Wilkes, and says, page 421: “In addition to this, the officers of the squadron were consulted on the subject of organizing the country into a civil compact, and were found to be decidedly opposed to the scheme, and recommended that the subject be allowed to rest. They encouraged the people in the belief that the United States government would probably soon extend jurisdiction over the country.”

To the disgrace of the leader of that squadron, the general impression of all the early settlers of this country is, to the present day, that he understood and tasted the qualities of Dr. McLaughlin’s liquors, and received the polite attentions of the gentlemen of the Hudson’s Bay Company with far more pleasure than he looked into or regarded the wants of this infant settlement of his countrymen. Mr. Hines says “the officers of the squadron decidedly opposed the scheme.” And why did they do it? Simply because the parties named above were opposed. They had absolute control of the persons and property of all in the country, and they scrupled not to keep and use their power to the last.

The unconquerable energy of the Americans was this year manifested in the building of a schooner, of about forty tons burden, on a little island some four miles above the present city of Portland. R. L. Kilborn, of the party of Ewing Young, Charley Matts, P. Armstrong, who was afterward killed in the Indian war on Rogue River, H. Woods, John Green, and George Davis engaged in this enterprise. They employed Felix Hathaway, who was saved from the wreck of the William and Ann, as head carpenter, and commenced their work. To obtain spikes and such irons as were required, they had it reported that they were going to build a ferry-boat to cross the Wallamet River. To obtain rigging, they induced the French farmers to go to Fort Vancouver and get ropes to use in the old Dutch harness for plowing, Dr. McLaughlin having informed them in the start, that he did not approve of their scheme, and would furnish them no supplies. They, however, were not to be deterred in their undertaking. Procuring a whip-saw of the mission, and such tools as they could spare, these men commenced their work; and when Captain Wilkes visited them, and found they had a substantial and sea-worthy craft well under way, he furnished them such articles from his stores as he could spare, and spoke favorably of their enterprise to Dr. McLaughlin, who became more liberal; so that, with the assistance of Captain Wilkes, the mission, and such as they received from Dr. McLaughlin, the vessel was launched and made trips to California, under the command of Captain Joseph Gale, who returned to Oregon in 1843, and was elected one of our Executive Committee, with David Hill and Alanson Beers.