a history of the constitution and government of washington territory
TRANSCRIPT
A History of the Constitution and Government of Washington Territoryb, WILPREDZ my
DOCroR OJ' PRUtosOPHl'
:fOREWORD
It 1s impo8sil)le to give oredit to all who have aided in
the gathering ot materials or who have oftered helpful suggestions
on this thesis: I a.m, however, especially gretetul for the con-
stI'\1ctiv& eri +.5. 0 i81'\8 of t.r , Merrill Jenson, form.erlY' of the His
tory Department of the Urllversl ty of 'NaahiD£,ton. 1)1". ,l.rthur S.
Beardsley, LAw 1.1brar1an of the Un!verst t,~.. of "·esb1 r:l;; ton, also
contributed helpfUl eugge::tions and valuabltil J:IlBterlals to sections
of this ':mrk. In the collection of matarlale, I 8'Ii particularly
indebted to the assistanoe offered bj' Mr. Ronald ~l'-odd, Assistant
Librarian ot the Universl t1 of Y,Vsshing·ton, anc hi-IS 8eSGoia te,s. I
ttla also indobtec1 to the courtesy ot~'rank McCaffery, seattle print,..
er , and Charles I,V. smith, Librari-3n of the Ur,iversity of f:ashing
ton, 'fot" placing the manuscript n(itG3 on the proceedings of the
Con-sti tu tiona1 Convention of 1889 ;'3. t IllY' dLspo ea 1. '1'0 these and a
large nUll1.ber of' persons on the University of Taahington staff', in
the Bancroft Library 3 t the University of ~>:,lifornla at 3t':3:':"keley j
ill the Oregon Historical So~~Lety at Portland, in the i*las.i:,ington
i{isto:.....!oal ,:~ociety at TaCOI'M. in the Oregon fits te I.ibrary at Salem.,
in the l~rasl:,ington Sta.te Library at Olj'1~J.pia» in the Uni.v'~l·sity of
Southern California Librr:.ry at Los .Angeles, in 'the Los I\.ne:al~s
City Library, in the ';allo r:al13 C.tty Libl'~jry, anti to priviit.; per- \
sons v.ho have plaeed nelispaper~ and doowo.ents at my dispo~'id, to
each and all of th1se I 0,'13 a debt of gratitude in wrl ting this
thesis that can never be repaid.
TABLE OF CONTENTS
CHAPTEl-l I. WABHDiGTOB BECOMES A TERRITORY 1
UNDER THE GOVERNMENT OF OHEGON 1
EARLY UNREST 5
mE ORGA.&lfIC ACT 23
THE FmST TERRI'l'ORIAL OFFIe IALS 30
THE ORGANIZATION OF mE '.rERRITOHY 32
PROBLEMS IN APPORTIONMENT 33
CHAPfl'ER II. THE FEDERAL GOVERNME:NT AND 'IE!: 'l'ERRlrrORY 51
THE INDIAN rrAH AND WAR DEBTS 52
CAUPETBAG RULE 58
FEDERAL RELATIONS AlTER'1'HE CIVIL WAR 78
:rED:F~RAL APPOINnlENTS: VICTOR SMITH 81
11
Page
MISCELLANEOUS RELATIONS DURING THE 1860' S 96
'lBE TERRITORIAL DELEGATE 99
TERRITORIAL POLICY 101
CONGRESSIONAL DISALLOWANCE 102
'lERHlTORIAL ELECTIONS 324
S'fAWTES 127
mE INCREASE OJ' 'Bill POW"J1:R OF TfiE GOVEHNOR 134
DISSATISFAOTION OVER Yil:RHITOHIAL APPOINn.mNTS AND
CARPETBAG RULE 143
PART II. '!'HE DEPAR'lUENTS OF THE TERTtlTORIAL GOVERNMENT 158
CHAPTER IV. THE TERRITORIAL E'.iC,;CUTIVE 158
THE GOVERNOR'S MESSAGE 159
EXECUTIV'~ PArrt{ONAGE 173
Q,UALlfi OJ' LEGISLATION
SESSIONS
LEGISLA'lm DIVORCE
EA..TU.Y LIMITATIONS
JUDIOIAL ABSENCES
PERSONALITIES AND ANEGDO'r.c;s
MARTIAL LAi;:; DURING THE nWIAN WAR 319
MARTIAL LAW IN PIERCE COUNTY' 322
MAR'rIAL LA~~ IN THURS'roN COUNlrY 330
ANTICLDlAX 334
'1'Im AFTERMA'1.B 346
EAHLY OUTBREAKS 352
THE RIOT 368
AN EVALUATION OF MARTIAL LA{ 379
PART III. CONVENTIONS AND CONSTITUlrrONS 387
OHAPTER TIL. THE CONVENTION AND CONSTITUTION OF 18'18 387
EARLY AGITATION lOR STA'mHOOD 387
'lim ELECTION OF DELEGA'lES 393
THE· FIFTEEN DELEGATES 39'1
SALARmS 404
AND CONSTITUTION
'mE ISSUES
THE CONVENTION MEETS
THE ELEClJ.lION OF OFFICERS
SOURCES FOR THE CONr.clNTION
THE LEGISLATURE
THE EXEOUTIVE
S'lA'lE SALARIES
THE JUDICIARY
IMPEACHMENt!, ARTICLE
GOVEHlomNT
va' ASHINGTON mRRITORY
CHAPTEH I. WASHINGTON BECOMES A rr;SHRrl10HY
tJ1liJi:5H THE GOVEHNME~lT 0 1:" OR1~GON
The first efforts to organize government in present-
day '.:/ashington came from south ot the Oolumbia Hiv6r. When
)Jlchae1 T. simll10ns arrived on Fuget Sound in 1845. the Oregon
provisional legislature had already organized the area north ot
the Columbia into the Vancouver district. 'The dominant HUdson's
Bay Company q~iQkly recognized this government in an effort to
obtain its large property holdings in the area. The provisional
@Overnn~nt appointed three commissioners and a sheriff to per
fOl"JD. its adm1nlstr'l'tive and jUdicial runotaona there. (1) Betore
1. Snowden, Clinton A. H1sto"rY OfW8Shington, New York~ Cen tury History Company, i969 , Vol. Ill, p , 00. The three com missioner judges we~e Mleh3el T. Si!'l'!Plol1s, James Douglas, and Charles Forrest, the superintendent of the Hudson's Bay Com pany's Oowlitz farm; the sheriff, John R. Jackson.
2
the end of 1645 Lewis County had also been created comprising
all of that part ot: the Vancouver district weat of the Cowlitz
River and north ot the Columbia. (1) After 1846 the oommission
ers or justices of the peaoe, sheriffs, treasurers Bnd county
clerks for both cOWlt1es were elected rather than ap;Jointed. (2)
The otfic1als of tha Hueson' s Bay Co.pany took 8 live
ly interest in the election of representatives tor the Oregon
legislature, or'C~n opposing the' settlers' choice in order to
elect individuals favorable to them and their large holdings
north ot 'the Co1umbia. 'Through their intluenlJ8 in Lewis County,
Dr. William li'raser 'l'olmie deteated John t~. Jackson in the elec-
tion of 1846. (3) The Hudson's Bay Com.pany also elec't&d its
representatives from the two counties north ot tbe Golu.r.dda
River in ~1847(4) and was responsible 'for the reelection ot ..... .-
1.
3.
4.
Snowden. .qp. oit., np. 5O-Eil. On events p:t"ior 'to 1851 ct. also Banoroft, Hubert Howe. "Washington, Idaho, l',klntana n, Works, :::an Fl"sncisao, rrlRtoj"~r Company PUblishers, 1890, Vol. ffiV. pp. 43-45. Snowden. Ope c1;.t., up. 61-62. 'l"he Vancouver district elect ed Richard Lane. H. R. Thompson and John ~Nhite, two Americans 8114 a co,mpa:ny man; Lewis County cbose Jacob \;:ooley, 8. B. Crookett, and John R. Jackson. Lewis County was to have the 8810.6 organization a 50 the Vancouver dlstrlc t whose sheriff was to assess and uolleot the revenue in the county for tbe follol\lng roar, an 68SY to sir. since the rar!r..in~~ interests ot the Hudson t a Bay UOfdpany owned roost ot the land in the new cou n ty. ThOle were no jUdges cncaan for LE:nvis County in 1846. ;tbirl., po , 62-63. This influence 1s indicated in a letter trom Peter Skene Ogden and. James l)Quglas to Dr. Tolmie quot ed by Sn()l~,(}en. 'flJe settlerr.. wonted JF.lckson, but the com pany had obtained the ri@)lt man for judge of the election e nd '"as cunfl\lent of victory. !Ton=y N. Peers, another com pany man, was elected in Vancouver County. T'::.osc \'iere ;c~i!(!o.il P10!'":ondon, ;3 rGtirad French-Canadian. Hud son's Bay Gompany employee, from Lew~s 0ounty. and Peers al;ain fl")!l Vi--i:t'it,)iJVO)' CouEty.
3
Unaer 'the Terri tor1sl Government of Oregon the eoun
ties north of the Columbia River SUrrareG from chronic uDJer-
representotion in the O1·ot!.on legislatnre. since the Lewis Coun
ty representative was drmVIlod in l84e. only tho Vancouver County
ropresent£ltlv6 rop::,cs6ntJd ~Torthern OrB[On during the last aea-
sion of the provisional leg1s1at.l1re that year. (2) In the new
territorial leris1ature in 1849, LO'wis and VanaouvBT count.Ls o
north of the Columbi:J and Clrttl,fJll County south of t.lle rIver
formed e distric t w). th one l"'epreHantatlve in ae ch house. Under-
only represflntat1-ve from Trorthern Orogon in the first legisla-
ture.(3)
Underrapresentatlon b'.?oa.m.e aCUL€ G'U·iD.€:, the next few
months. 'The nc.r thezn section 't!21S represented only by a coun-
1.
2.
3.
Snowden. Qn. cit•• pp. 64-65; 2te~ §pectaw, June 11, 1846, and , Ju.ly 22, Ib47. .abernet 1. otrIend of Dr. Jolm MCLoughlin, chief factor ot the western depar~ent o~ the Hudson's Bay Oumpany. received a majority of 91 north or the Columbia to overcome a lead ot 509 to 435 tor his op ponent eouth of the river. ~~ The Oa11rornie gold rush and the news of the torma ~of Oregon 'ferritor.·¥ interrupted ae t.Lon in 1848. ~;.;vell. then tJla governor vetoed t'18.ny of the ao t s passed. Fifteen years were to pase before the governor vetoed legislation affeoting the area north of the Colwnbia laver again sinoe ~8 governor po~sou8ed no veto in Oregon Territory or in Washington 'i'erritory- before IBM. ibid., PP. 65-74. This legislature changed the name of
~
cll.un(l) trom Clataop County, south of the Columbia, dura!
the long term ot the legislature in 1849, while both ot the
representatives tor Northern Oregon were trom Clatsop CountT
in 1851. The election ot Councilman Columbia Lancaster and
Representative D. F. Brownfield trom north of the Columbia in
1851 tailed to better the a1tuation.(2)
The previous session the legislature laoved the cap
ital to salem, located 'the penitentiary at Portland, and the
university at Marysville. Despite the declaration ot the gov-
ernor, the district 3t.torney, the United States Att,o!"uey oen- I
eral, and two ot the three Judges that the bill was unconsti-
tutional because it dealt with more than one subJeot in direct
violation of the Or6anic Act, the next legislature met at Salem.
Councilman Lancaster, Daniel F. Brownfield, and three other
members of the Assembly proceeded to organize a minority legis
lature at Oregon City in protest against this remova~. Lanoas
ter eleoted him.self president of the Council; the four members
of the House organized temporarily. 'I'hen tor seventeen days
the two house s met and adjourned for lack of a quorUUL. (3) The
Oregon $peota~or(4) commended the "honesty 01 purpose of those
gentlemen- , but 8 later eritic has condemned the "idiotio ob-
atlnacT- ot these "dunces" tor not attending to the needs ot
1. &.u:!luel F. McKean ot Clatsop County. 2. Bancroft. OR- c~t •• p. 46. Pacific County had been added
~ Lewis and Clarke Counties nor'th of the Oolum.bia early in 1881.
3. snowden. 0;, ol~., pp. 200-201. 4. An Oregon 51ty ntt"."1sl'aper, December 9, 1851.
5
Borth 'than \h18, lIttle wonder that the Wl11aaet'te Valle, took
all the spalla and lett none tor the t.. .ettlers in the reglon
north ot ~h8 Columbia Riyer. 10 the representative tram 018t
eep Count)" was aga1Jl lett the r.s,po,.albl1i"tT ot gQarding the
intereats of the entire section north of the Columbia Rlver.(2)
EAiU,Y UNREST
'l'wo pu.blio meetings prior to 1850 reflect the atti
tUde ot 'tlle settlers north of the Columbia. On June 11, 1647,
8 local ...ting at the home ot J. R. Jackson protested against
elea JWl.Plng. (3) The Treaty ot 1845 provided that the claims
ot the Hudson' e Bey Company and the Pugat SOund Agricultural
Oompany should be respeoted, and these companies desired to 18
prOTe their holdIngs before the day of rinal JUdgment. '!his
aotion brought about the second meeting in Northern Oregon at
TUmwater, lfuvember b, 1848, which protested against these et
torts ana the alleged use ot misrepresentations by ~e8e eom
panie. to disoourage Amerioan settlors troll <;OII1n& to Fuget
SOund. The protest a180 warned the company that the United
1. 2.
3.
Bancroft, Vol. XXVI, looo. 01 t. Ib1C\., p. 5~; Snowden, !me cit., pp. 142-143. J. A. Ander son of O~at50p and Paoific CQ\U1tle8. acting on the petition ot 56 inhabitants along Puget SOund, obtained the creation ot Thurston County earl,. in January, 1852. Oreaoa ~ot8tor, July 8, 1841. This meet1ng concurred in iili r880utlons passed by the pUb1io m.eetlD.88 held at Ore gon 01 t7 and elsewhere May 14, 184 'I, protesting age inst widespread claim jwaping.
S'ta~.8 llad DeTer granted pr.eap~1on rights to anT but American
oitizens, whlch ract would fnT.lidaa an1 cla1IU based on 1m
proY.manta at~er the treat7 was signed. The settlers insisted
ftarther ths't sinoe the United states had never parted with the
actual title to the oocupied laDds, any American oitizen might
appropria t& oompan,. land and i t8 1lap1"oveaents to h1Juelt. (l )
The settlers made it 'their business to fight 'the Paget SOUnd
Apicaltural Ooapany and obtain all the land 'theT oould tor
the.ruelyes•
JUdioiary appeared in 1851. Although not assigned to the north
ern distriot. JUdge William Strong held the first term ot court
there Nove.ber 12., 1850, at the home ot' John R. Jackson 8t Jack
son Prairie. The May term in 1851, presided over bY' Judge Thom
8S Nelson, who admitted John B. ellapan to the bar as the first
attorney in. Northern Oregon, was also held at Jackson Prairie.
Acoording to OreBQR law, the county commissioners were ~ seleot
a COUD"ty seat wbere all county 'business was 'to be transacted.
Accordingly, the oounty oommissioners tor Lewis County fixed
the oounty seat at Sydney S. Ford t 5 claim on the Chehalis iliver.
Judge Strong, however, summoned the Jurors in the usual torm
1. Bancrot~. Olt cs,~1. t pp. 39-41; Gram Spec 'tator, January ll, 1849. at. a 80. MeanT. EdllOnd ;;3., !rator: ot ,the S_tate of ;;ah1pstoi' pp. 150-151; Spencer, LIoyd, and, Lanoaster,
IIard. g1.to~ the State ot WathinBton, New York, .American nfatorlcal-SOclety t 1937, Vo~. I. p. 281. Michael T. 81l1IllOna called the meeting together and iVilllam Paokwood was elected pre.ideat.
, -\0 appear and tail not under penalt,.- al Jackson Prairie tor
the Ootober.. 1851, term ot oourt which requ1red. those I1Tlng in
the Dor-them part ot the diatrlc t to travel more than 15 aile.
farther 8oUth. '!base 1ndiTlduals. on Chapman's advioe, retused
to obey the -imperioue demands" ot the Judge, obJeoted to being
veakd as 8 ser t s " , and threatened to 1apeaoh a Judge who 80
,presumed upon their ript. a8 tree Americana. JUdge Strong re
hlla ted by cODd,8J1U'11ng Chapun. i8auing warrants tor the arrest
of the tour Jvors who tailed to appear. and t11'l1ng tl1611 $10
esoh tor coateapt at the next term. ot Qourt 1n MaT, 1852. (1)
In the meant1J1ls Chap_a had placed himself at the
head ot the 41vi.ion movem.en t 1ft Northern aregon, exploring the
land north ot the Columbia during the win ter ot 1850-1851. 011
FeDrwlrJ' 17. 1851, hit wrote to A. A. Durham or Oswego, that fle
had fOWld
•••• \he tairest and beat portion or Oregon north of 'the Columbia River; and 110 doubt must and will be a .sperate Territory and State from 'the south. ,Every \h1Bg 1a na'ure w11ls and deorees the Columbia RiTer the natural boundary. '!he north must be the 'ColUlJ'a bill Territory' J the south the 'State of Qregon'--how poetical., from '»aU.' to 'Ool.umbia', and how meaD... lag ot apace.-(2)
1. Pu.get Sound Courier (StellacOOBl) J .1u1,. 5, 1855; Beardal87, Ar~ur 5., and, McDonald J Donald A., "The Courts and :3:arly Bar ot Washington Territory," !gshiryLton ilw Revie. and state Bar Journal. Vol. XVII.pp. 81-63 {AJrIl,ii1. fheae courts _re unu.su.al since there was DO definite asaip_at or JU4ge. to the northern distrie t tlntl1 1853.lieon Siectator, April 10, 1851j Bancroft. o,lb c1t. t p. 4'.
litter was slped ·Carman and Chapman" but as Oarman has never been Identified, Elwood Evans conclUdes he was a JIlYth. tIb1a 1s the :tirst recorded reference to polltleel division and the tirst time the name ·Oolumbia" was used for the new Territory_
8
A seoond and more produotive suggestIon tor 'the d1
vislon at the TerrItor)" came alao trOll Chapman when, on IUly 4, 7..-
1851, he, the new 18l'118r in ~he lferr1,ory. was the orator of
tbe day. m8 reterttlloe to the -tuture State or Colwabla"
touched a popular chord; and an adjourned meeting was called
for that atte!"noon 'to st1J.lmlate aotion on the suggestIon. (1)
This meeting called for a general convention of delegates from
every precinct in Olarke, Le-wla, and PacifIc Oormtles to be
held at the house of E. D. Warbas8 on the Cowlitz River, August
29,
• ••• to take into oareful consideration, the present peculiar position ot the northern portion of the Territory, its wants, and the proprietY' of an earl,. appeal to Congress tor a division ot the Territory, toget.b.et' with such other matters as may be otJDme41 ate interest to themselves and conatl~uencl.s.·(2)
1. Prosch, Tho_ s W. -The Politieal Begirm1ng of Waah1Dgton '1'errit0'r7·, 1T.b~ .9!flrte1! or ~""Ore -on Historical SQclet • Vol. 11, No. a. 1iie, t 5, p. t:>l. 80, Prosch, dreaa es and lU"'tle s, Pacifio Northwest Collection, Univers ty or ash ton. On motion ot Chapman, 08'p~. c. crosby was oalled
to th. chair IUldA. ~. Poe appoi.,ted seoretary. Spa.ohos by Crosby. I. N. Ebey,Cha,pllall, and H. A. Golda'boroug!l present ed the 8ituation &nd wante ot Northern Oregon. A committe. ot seven wes appointe4 by the chair, consisting er Chapman. Henry Wilson, st!I'll'D01lS, T. M. Ohambers, Eber, Goldsborough, aBd 8. B. Crookett to draft resolutions reflecting the senti ments ot the meeting.
a. oresoD. §Recta_r, Jul,. 29, 1851. '!'he oomplete resolutioD. was to be torwsrded to each election preeint and to a Ter- ritorial newspaper. ~
9
Thi. was the oall tor one ot 'the most iJlporaat meet1ncs in
early ~Ja.hlD&toJl h1ator'7. (1)
0Zl .August 29, 1851, tbe Cowlitz Convention met accord
1n& to the announO&JI8Dt. (2) The "Various comlldttees reported the
aext dar 1n. tavor ot a m.em.orial to Congress reques·t1ng Delepte
Lane ot Or.goa Terri tory to use bis iu.tluence to o~"ta1a a aepar-
1. Weany_ ·Oowlitz Conveation: IaceptiQn ot Washington '1'81' rl t03!'7", ffiuhlngt01J, Hl!tor,lcaJ; 998rterll, Vol. XIII, No.1, J'aDuary, Y92!J, pp. S:11; GaT points out his own errors in Ae!5El:...!ot,·JWlSa~in toa pp. 156-157; thoSG of snowden, Ope e _, pp. • 3-206; thoae of Bancrott, OR. cit.,
o • nn, pp. 48-49. 60-61; and those ot ~Tan8, ~lwood,
H18te.u:..0t the Pacific Northwf!8t: Ore&on and Wash1ngton. Portl8D.Q, NOrth Paort'fC"'HIator1 Company, 1889. Vol. I. pp. 33'. 348-349. Spenoer and Pollard, Ope cit., pp. 282-283, has 'the more oorrec t aceount, stress.1ng the importance ot the Cowlitz Convention.
2. Reports of the proceedings were carried in t-he PorUan4Qre 8onlan, September 20, 1651; Or"_ ~6(rtam. september a5. IsSI; 9Uen §tatee.~:f September 23; :D35l;aDd, in t.he PortlamI ore n vleetl Time, S&ptaJaber 25, 1851. 'Ihe ac eountsn • acta 'r and §tatsfE!1 give a more comp1eu 11st of de18a8 Eta then the other two papers. With other minor difterences the acoounts are generally the same. Tbomaa M. ';:;hambers called it to order and the 26 delegatea, all from LeWis County, 8S Clarke and Pacific Counties failed to select delega·tes, began their work. those in attendance were: Seth Catlin, Jonathan Burbee, Robert Huntress from Montioello; E. D. Werbass, John H. Jaokson, Vi. L. Frazer, Simon PI011lQJldon trom Oowlitz LandiD&; s. s, salUlders, A. B. Dl11enbaugh, Mar oel Beraler, Slt1De7 s, p'ord, laJJl8s Cochran, Joseph Borst from. Newou.!tw;aj er. M. Simmons. ClaDrlok Crosbr, Joseph Ero8bears, A. J. Simmons trom'lUMater; A. M. Poe, D. S. Maynard, D. F. Brownfield trom Olympia; T. M. Cham.bers. John Bradley. J. B. Chapman, Ii. C. Wilson, lohn Edgar, and 11-'. S. Balch from Steil 8C001l1. Banerott. 0'. cit•• p. 50; snoWden. omP. cit., p. 204. Seth 08 \lin was elaot8ti president wIth A. )4. "Poe and F. s, Balch as secretaries. On BlOtlon of Cbapman five standiBg c0J.Il81tt••• wer'. appoint": the one on 'ferrltorlal Goverwaent wi th 1'1ve umbers, that on Distriots and Counties With eight, that on the Rights and PriT11eses of Citizens with three, the Conmdttee on mtemal .Illq)1'OTements aDd that on Ways and Means with three eaoh. - .Q.reeen SReota'tg£ and Oregon Statesman, Sept••bar 23, 1851.
10
ate territorial government tor .Northern Oregon(l), another mem.
orial askins tor 1100,000 tor roads from Pug.t Sound to ~alla
Wella and to the ColWllbla river. and a request to the Oregon
legi.la~ure tor twelve additional counties north ot the Colum-
bia river. (2) '1'he name ot "Columbian was Buggested tor the new
territor7; and .Dr. D. S. Maynard went further than the oonven
tiOD intended in his suggestion,
·~Fh8t when this oonvention does adjourn, 1t adjourn to meet on the third Monday in Ma7 next, at Oly.mpla, then and there to torm a State 0onstitution, preparatory t.o Bsking adm1ss1on 1nto the Union as one ot the Stl'!tel!ll thereot': pJ."O'Vided that Congress has not at that time organized a 'l'erritorlal Government. "'(a)
This was a remarkable suggestion; acoording to the Census ot
1850 the white popuJ.stlon north of the Columbia was 1,049, (4)
and noy; could sObiroely have ba611 I')ver 1,500 at most. Oregon-
proper outnumbered the northern distriot…
DOCroR OJ' PRUtosOPHl'
:fOREWORD
It 1s impo8sil)le to give oredit to all who have aided in
the gathering ot materials or who have oftered helpful suggestions
on this thesis: I a.m, however, especially gretetul for the con-
stI'\1ctiv& eri +.5. 0 i81'\8 of t.r , Merrill Jenson, form.erlY' of the His
tory Department of the Urllversl ty of 'NaahiD£,ton. 1)1". ,l.rthur S.
Beardsley, LAw 1.1brar1an of the Un!verst t,~.. of "·esb1 r:l;; ton, also
contributed helpfUl eugge::tions and valuabltil J:IlBterlals to sections
of this ':mrk. In the collection of matarlale, I 8'Ii particularly
indebted to the assistanoe offered bj' Mr. Ronald ~l'-odd, Assistant
Librarian ot the Universl t1 of Y,Vsshing·ton, anc hi-IS 8eSGoia te,s. I
ttla also indobtec1 to the courtesy ot~'rank McCaffery, seattle print,..
er , and Charles I,V. smith, Librari-3n of the Ur,iversity of f:ashing
ton, 'fot" placing the manuscript n(itG3 on the proceedings of the
Con-sti tu tiona1 Convention of 1889 ;'3. t IllY' dLspo ea 1. '1'0 these and a
large nUll1.ber of' persons on the University of Taahington staff', in
the Bancroft Library 3 t the University of ~>:,lifornla at 3t':3:':"keley j
ill the Oregon Historical So~~Lety at Portland, in the i*las.i:,ington
i{isto:.....!oal ,:~ociety at TaCOI'M. in the Oregon fits te I.ibrary at Salem.,
in the l~rasl:,ington Sta.te Library at Olj'1~J.pia» in the Uni.v'~l·sity of
Southern California Librr:.ry at Los .Angeles, in 'the Los I\.ne:al~s
City Library, in the ';allo r:al13 C.tty Libl'~jry, anti to priviit.; per- \
sons v.ho have plaeed nelispaper~ and doowo.ents at my dispo~'id, to
each and all of th1se I 0,'13 a debt of gratitude in wrl ting this
thesis that can never be repaid.
TABLE OF CONTENTS
CHAPTEl-l I. WABHDiGTOB BECOMES A TERRITORY 1
UNDER THE GOVERNMENT OF OHEGON 1
EARLY UNREST 5
mE ORGA.&lfIC ACT 23
THE FmST TERRI'l'ORIAL OFFIe IALS 30
THE ORGANIZATION OF mE '.rERRITOHY 32
PROBLEMS IN APPORTIONMENT 33
CHAPfl'ER II. THE FEDERAL GOVERNME:NT AND 'IE!: 'l'ERRlrrORY 51
THE INDIAN rrAH AND WAR DEBTS 52
CAUPETBAG RULE 58
FEDERAL RELATIONS AlTER'1'HE CIVIL WAR 78
:rED:F~RAL APPOINnlENTS: VICTOR SMITH 81
11
Page
MISCELLANEOUS RELATIONS DURING THE 1860' S 96
'lBE TERRITORIAL DELEGATE 99
TERRITORIAL POLICY 101
CONGRESSIONAL DISALLOWANCE 102
'lERHlTORIAL ELECTIONS 324
S'fAWTES 127
mE INCREASE OJ' 'Bill POW"J1:R OF TfiE GOVEHNOR 134
DISSATISFAOTION OVER Yil:RHITOHIAL APPOINn.mNTS AND
CARPETBAG RULE 143
PART II. '!'HE DEPAR'lUENTS OF THE TERTtlTORIAL GOVERNMENT 158
CHAPTER IV. THE TERRITORIAL E'.iC,;CUTIVE 158
THE GOVERNOR'S MESSAGE 159
EXECUTIV'~ PArrt{ONAGE 173
Q,UALlfi OJ' LEGISLATION
SESSIONS
LEGISLA'lm DIVORCE
EA..TU.Y LIMITATIONS
JUDIOIAL ABSENCES
PERSONALITIES AND ANEGDO'r.c;s
MARTIAL LAi;:; DURING THE nWIAN WAR 319
MARTIAL LAW IN PIERCE COUNTY' 322
MAR'rIAL LA~~ IN THURS'roN COUNlrY 330
ANTICLDlAX 334
'1'Im AFTERMA'1.B 346
EAHLY OUTBREAKS 352
THE RIOT 368
AN EVALUATION OF MARTIAL LA{ 379
PART III. CONVENTIONS AND CONSTITUlrrONS 387
OHAPTER TIL. THE CONVENTION AND CONSTITUTION OF 18'18 387
EARLY AGITATION lOR STA'mHOOD 387
'lim ELECTION OF DELEGA'lES 393
THE· FIFTEEN DELEGATES 39'1
SALARmS 404
AND CONSTITUTION
'mE ISSUES
THE CONVENTION MEETS
THE ELEClJ.lION OF OFFICERS
SOURCES FOR THE CONr.clNTION
THE LEGISLATURE
THE EXEOUTIVE
S'lA'lE SALARIES
THE JUDICIARY
IMPEACHMENt!, ARTICLE
GOVEHlomNT
va' ASHINGTON mRRITORY
CHAPTEH I. WASHINGTON BECOMES A rr;SHRrl10HY
tJ1liJi:5H THE GOVEHNME~lT 0 1:" OR1~GON
The first efforts to organize government in present-
day '.:/ashington came from south ot the Oolumbia Hiv6r. When
)Jlchae1 T. simll10ns arrived on Fuget Sound in 1845. the Oregon
provisional legislature had already organized the area north ot
the Columbia into the Vancouver district. 'The dominant HUdson's
Bay Company q~iQkly recognized this government in an effort to
obtain its large property holdings in the area. The provisional
@Overnn~nt appointed three commissioners and a sheriff to per
fOl"JD. its adm1nlstr'l'tive and jUdicial runotaona there. (1) Betore
1. Snowden, Clinton A. H1sto"rY OfW8Shington, New York~ Cen tury History Company, i969 , Vol. Ill, p , 00. The three com missioner judges we~e Mleh3el T. Si!'l'!Plol1s, James Douglas, and Charles Forrest, the superintendent of the Hudson's Bay Com pany's Oowlitz farm; the sheriff, John R. Jackson.
2
the end of 1645 Lewis County had also been created comprising
all of that part ot: the Vancouver district weat of the Cowlitz
River and north ot the Columbia. (1) After 1846 the oommission
ers or justices of the peaoe, sheriffs, treasurers Bnd county
clerks for both cOWlt1es were elected rather than ap;Jointed. (2)
The otfic1als of tha Hueson' s Bay Co.pany took 8 live
ly interest in the election of representatives tor the Oregon
legislature, or'C~n opposing the' settlers' choice in order to
elect individuals favorable to them and their large holdings
north ot 'the Co1umbia. 'Through their intluenlJ8 in Lewis County,
Dr. William li'raser 'l'olmie deteated John t~. Jackson in the elec-
tion of 1846. (3) The Hudson's Bay Com.pany also elec't&d its
representatives from the two counties north ot tbe Golu.r.dda
River in ~1847(4) and was responsible 'for the reelection ot ..... .-
1.
3.
4.
Snowden. .qp. oit., np. 5O-Eil. On events p:t"ior 'to 1851 ct. also Banoroft, Hubert Howe. "Washington, Idaho, l',klntana n, Works, :::an Fl"sncisao, rrlRtoj"~r Company PUblishers, 1890, Vol. ffiV. pp. 43-45. Snowden. Ope c1;.t., up. 61-62. 'l"he Vancouver district elect ed Richard Lane. H. R. Thompson and John ~Nhite, two Americans 8114 a co,mpa:ny man; Lewis County cbose Jacob \;:ooley, 8. B. Crookett, and John R. Jackson. Lewis County was to have the 8810.6 organization a 50 the Vancouver dlstrlc t whose sheriff was to assess and uolleot the revenue in the county for tbe follol\lng roar, an 68SY to sir. since the rar!r..in~~ interests ot the Hudson t a Bay UOfdpany owned roost ot the land in the new cou n ty. ThOle were no jUdges cncaan for LE:nvis County in 1846. ;tbirl., po , 62-63. This influence 1s indicated in a letter trom Peter Skene Ogden and. James l)Quglas to Dr. Tolmie quot ed by Sn()l~,(}en. 'flJe settlerr.. wonted JF.lckson, but the com pany had obtained the ri@)lt man for judge of the election e nd '"as cunfl\lent of victory. !Ton=y N. Peers, another com pany man, was elected in Vancouver County. T'::.osc \'iere ;c~i!(!o.il P10!'":ondon, ;3 rGtirad French-Canadian. Hud son's Bay Gompany employee, from Lew~s 0ounty. and Peers al;ain fl")!l Vi--i:t'it,)iJVO)' CouEty.
3
Unaer 'the Terri tor1sl Government of Oregon the eoun
ties north of the Columbia River SUrrareG from chronic uDJer-
representotion in the O1·ot!.on legislatnre. since the Lewis Coun
ty representative was drmVIlod in l84e. only tho Vancouver County
ropresent£ltlv6 rop::,cs6ntJd ~Torthern OrB[On during the last aea-
sion of the provisional leg1s1at.l1re that year. (2) In the new
territorial leris1ature in 1849, LO'wis and VanaouvBT count.Ls o
north of the Columbi:J and Clrttl,fJll County south of t.lle rIver
formed e distric t w). th one l"'epreHantatlve in ae ch house. Under-
only represflntat1-ve from Trorthern Orogon in the first legisla-
ture.(3)
Underrapresentatlon b'.?oa.m.e aCUL€ G'U·iD.€:, the next few
months. 'The nc.r thezn section 't!21S represented only by a coun-
1.
2.
3.
Snowden. Qn. cit•• pp. 64-65; 2te~ §pectaw, June 11, 1846, and , Ju.ly 22, Ib47. .abernet 1. otrIend of Dr. Jolm MCLoughlin, chief factor ot the western depar~ent o~ the Hudson's Bay Oumpany. received a majority of 91 north or the Columbia to overcome a lead ot 509 to 435 tor his op ponent eouth of the river. ~~ The Oa11rornie gold rush and the news of the torma ~of Oregon 'ferritor.·¥ interrupted ae t.Lon in 1848. ~;.;vell. then tJla governor vetoed t'18.ny of the ao t s passed. Fifteen years were to pase before the governor vetoed legislation affeoting the area north of the Colwnbia laver again sinoe ~8 governor po~sou8ed no veto in Oregon Territory or in Washington 'i'erritory- before IBM. ibid., PP. 65-74. This legislature changed the name of
~
cll.un(l) trom Clataop County, south of the Columbia, dura!
the long term ot the legislature in 1849, while both ot the
representatives tor Northern Oregon were trom Clatsop CountT
in 1851. The election ot Councilman Columbia Lancaster and
Representative D. F. Brownfield trom north of the Columbia in
1851 tailed to better the a1tuation.(2)
The previous session the legislature laoved the cap
ital to salem, located 'the penitentiary at Portland, and the
university at Marysville. Despite the declaration ot the gov-
ernor, the district 3t.torney, the United States Att,o!"uey oen- I
eral, and two ot the three Judges that the bill was unconsti-
tutional because it dealt with more than one subJeot in direct
violation of the Or6anic Act, the next legislature met at Salem.
Councilman Lancaster, Daniel F. Brownfield, and three other
members of the Assembly proceeded to organize a minority legis
lature at Oregon City in protest against this remova~. Lanoas
ter eleoted him.self president of the Council; the four members
of the House organized temporarily. 'I'hen tor seventeen days
the two house s met and adjourned for lack of a quorUUL. (3) The
Oregon $peota~or(4) commended the "honesty 01 purpose of those
gentlemen- , but 8 later eritic has condemned the "idiotio ob-
atlnacT- ot these "dunces" tor not attending to the needs ot
1. &.u:!luel F. McKean ot Clatsop County. 2. Bancroft. OR- c~t •• p. 46. Pacific County had been added
~ Lewis and Clarke Counties nor'th of the Oolum.bia early in 1881.
3. snowden. 0;, ol~., pp. 200-201. 4. An Oregon 51ty ntt"."1sl'aper, December 9, 1851.
5
Borth 'than \h18, lIttle wonder that the Wl11aaet'te Valle, took
all the spalla and lett none tor the t.. .ettlers in the reglon
north ot ~h8 Columbia Riyer. 10 the representative tram 018t
eep Count)" was aga1Jl lett the r.s,po,.albl1i"tT ot gQarding the
intereats of the entire section north of the Columbia Rlver.(2)
EAiU,Y UNREST
'l'wo pu.blio meetings prior to 1850 reflect the atti
tUde ot 'tlle settlers north of the Columbia. On June 11, 1647,
8 local ...ting at the home ot J. R. Jackson protested against
elea JWl.Plng. (3) The Treaty ot 1845 provided that the claims
ot the Hudson' e Bey Company and the Pugat SOund Agricultural
Oompany should be respeoted, and these companies desired to 18
prOTe their holdIngs before the day of rinal JUdgment. '!his
aotion brought about the second meeting in Northern Oregon at
TUmwater, lfuvember b, 1848, which protested against these et
torts ana the alleged use ot misrepresentations by ~e8e eom
panie. to disoourage Amerioan settlors troll <;OII1n& to Fuget
SOund. The protest a180 warned the company that the United
1. 2.
3.
Bancroft, Vol. XXVI, looo. 01 t. Ib1C\., p. 5~; Snowden, !me cit., pp. 142-143. J. A. Ander son of O~at50p and Paoific CQ\U1tle8. acting on the petition ot 56 inhabitants along Puget SOund, obtained the creation ot Thurston County earl,. in January, 1852. Oreaoa ~ot8tor, July 8, 1841. This meet1ng concurred in iili r880utlons passed by the pUb1io m.eetlD.88 held at Ore gon 01 t7 and elsewhere May 14, 184 'I, protesting age inst widespread claim jwaping.
S'ta~.8 llad DeTer granted pr.eap~1on rights to anT but American
oitizens, whlch ract would fnT.lidaa an1 cla1IU based on 1m
proY.manta at~er the treat7 was signed. The settlers insisted
ftarther ths't sinoe the United states had never parted with the
actual title to the oocupied laDds, any American oitizen might
appropria t& oompan,. land and i t8 1lap1"oveaents to h1Juelt. (l )
The settlers made it 'their business to fight 'the Paget SOUnd
Apicaltural Ooapany and obtain all the land 'theT oould tor
the.ruelyes•
JUdioiary appeared in 1851. Although not assigned to the north
ern distriot. JUdge William Strong held the first term ot court
there Nove.ber 12., 1850, at the home ot' John R. Jackson 8t Jack
son Prairie. The May term in 1851, presided over bY' Judge Thom
8S Nelson, who admitted John B. ellapan to the bar as the first
attorney in. Northern Oregon, was also held at Jackson Prairie.
Acoording to OreBQR law, the county commissioners were ~ seleot
a COUD"ty seat wbere all county 'business was 'to be transacted.
Accordingly, the oounty oommissioners tor Lewis County fixed
the oounty seat at Sydney S. Ford t 5 claim on the Chehalis iliver.
Judge Strong, however, summoned the Jurors in the usual torm
1. Bancrot~. Olt cs,~1. t pp. 39-41; Gram Spec 'tator, January ll, 1849. at. a 80. MeanT. EdllOnd ;;3., !rator: ot ,the S_tate of ;;ah1pstoi' pp. 150-151; Spencer, LIoyd, and, Lanoaster,
IIard. g1.to~ the State ot WathinBton, New York, .American nfatorlcal-SOclety t 1937, Vo~. I. p. 281. Michael T. 81l1IllOna called the meeting together and iVilllam Paokwood was elected pre.ideat.
, -\0 appear and tail not under penalt,.- al Jackson Prairie tor
the Ootober.. 1851, term ot oourt which requ1red. those I1Tlng in
the Dor-them part ot the diatrlc t to travel more than 15 aile.
farther 8oUth. '!base 1ndiTlduals. on Chapman's advioe, retused
to obey the -imperioue demands" ot the Judge, obJeoted to being
veakd as 8 ser t s " , and threatened to 1apeaoh a Judge who 80
,presumed upon their ript. a8 tree Americana. JUdge Strong re
hlla ted by cODd,8J1U'11ng Chapun. i8auing warrants tor the arrest
of the tour Jvors who tailed to appear. and t11'l1ng tl1611 $10
esoh tor coateapt at the next term. ot Qourt 1n MaT, 1852. (1)
In the meant1J1ls Chap_a had placed himself at the
head ot the 41vi.ion movem.en t 1ft Northern aregon, exploring the
land north ot the Columbia during the win ter ot 1850-1851. 011
FeDrwlrJ' 17. 1851, hit wrote to A. A. Durham or Oswego, that fle
had fOWld
•••• \he tairest and beat portion or Oregon north of 'the Columbia River; and 110 doubt must and will be a .sperate Territory and State from 'the south. ,Every \h1Bg 1a na'ure w11ls and deorees the Columbia RiTer the natural boundary. '!he north must be the 'ColUlJ'a bill Territory' J the south the 'State of Qregon'--how poetical., from '»aU.' to 'Ool.umbia', and how meaD... lag ot apace.-(2)
1. Pu.get Sound Courier (StellacOOBl) J .1u1,. 5, 1855; Beardal87, Ar~ur 5., and, McDonald J Donald A., "The Courts and :3:arly Bar ot Washington Territory," !gshiryLton ilw Revie. and state Bar Journal. Vol. XVII.pp. 81-63 {AJrIl,ii1. fheae courts _re unu.su.al since there was DO definite asaip_at or JU4ge. to the northern distrie t tlntl1 1853.lieon Siectator, April 10, 1851j Bancroft. o,lb c1t. t p. 4'.
litter was slped ·Carman and Chapman" but as Oarman has never been Identified, Elwood Evans conclUdes he was a JIlYth. tIb1a 1s the :tirst recorded reference to polltleel division and the tirst time the name ·Oolumbia" was used for the new Territory_
8
A seoond and more produotive suggestIon tor 'the d1
vislon at the TerrItor)" came alao trOll Chapman when, on IUly 4, 7..-
1851, he, the new 18l'118r in ~he lferr1,ory. was the orator of
tbe day. m8 reterttlloe to the -tuture State or Colwabla"
touched a popular chord; and an adjourned meeting was called
for that atte!"noon 'to st1J.lmlate aotion on the suggestIon. (1)
This meeting called for a general convention of delegates from
every precinct in Olarke, Le-wla, and PacifIc Oormtles to be
held at the house of E. D. Warbas8 on the Cowlitz River, August
29,
• ••• to take into oareful consideration, the present peculiar position ot the northern portion of the Territory, its wants, and the proprietY' of an earl,. appeal to Congress tor a division ot the Territory, toget.b.et' with such other matters as may be otJDme41 ate interest to themselves and conatl~uencl.s.·(2)
1. Prosch, Tho_ s W. -The Politieal Begirm1ng of Waah1Dgton '1'errit0'r7·, 1T.b~ .9!flrte1! or ~""Ore -on Historical SQclet • Vol. 11, No. a. 1iie, t 5, p. t:>l. 80, Prosch, dreaa es and lU"'tle s, Pacifio Northwest Collection, Univers ty or ash ton. On motion ot Chapman, 08'p~. c. crosby was oalled
to th. chair IUldA. ~. Poe appoi.,ted seoretary. Spa.ohos by Crosby. I. N. Ebey,Cha,pllall, and H. A. Golda'boroug!l present ed the 8ituation &nd wante ot Northern Oregon. A committe. ot seven wes appointe4 by the chair, consisting er Chapman. Henry Wilson, st!I'll'D01lS, T. M. Ohambers, Eber, Goldsborough, aBd 8. B. Crookett to draft resolutions reflecting the senti ments ot the meeting.
a. oresoD. §Recta_r, Jul,. 29, 1851. '!'he oomplete resolutioD. was to be torwsrded to each election preeint and to a Ter- ritorial newspaper. ~
9
Thi. was the oall tor one ot 'the most iJlporaat meet1ncs in
early ~Ja.hlD&toJl h1ator'7. (1)
0Zl .August 29, 1851, tbe Cowlitz Convention met accord
1n& to the announO&JI8Dt. (2) The "Various comlldttees reported the
aext dar 1n. tavor ot a m.em.orial to Congress reques·t1ng Delepte
Lane ot Or.goa Terri tory to use bis iu.tluence to o~"ta1a a aepar-
1. Weany_ ·Oowlitz Conveation: IaceptiQn ot Washington '1'81' rl t03!'7", ffiuhlngt01J, Hl!tor,lcaJ; 998rterll, Vol. XIII, No.1, J'aDuary, Y92!J, pp. S:11; GaT points out his own errors in Ae!5El:...!ot,·JWlSa~in toa pp. 156-157; thoSG of snowden, Ope e _, pp. • 3-206; thoae of Bancrott, OR. cit.,
o • nn, pp. 48-49. 60-61; and those ot ~Tan8, ~lwood,
H18te.u:..0t the Pacific Northwf!8t: Ore&on and Wash1ngton. Portl8D.Q, NOrth Paort'fC"'HIator1 Company, 1889. Vol. I. pp. 33'. 348-349. Spenoer and Pollard, Ope cit., pp. 282-283, has 'the more oorrec t aceount, stress.1ng the importance ot the Cowlitz Convention.
2. Reports of the proceedings were carried in t-he PorUan4Qre 8onlan, September 20, 1651; Or"_ ~6(rtam. september a5. IsSI; 9Uen §tatee.~:f September 23; :D35l;aDd, in t.he PortlamI ore n vleetl Time, S&ptaJaber 25, 1851. 'Ihe ac eountsn • acta 'r and §tatsfE!1 give a more comp1eu 11st of de18a8 Eta then the other two papers. With other minor difterences the acoounts are generally the same. Tbomaa M. ';:;hambers called it to order and the 26 delegatea, all from LeWis County, 8S Clarke and Pacific Counties failed to select delega·tes, began their work. those in attendance were: Seth Catlin, Jonathan Burbee, Robert Huntress from Montioello; E. D. Werbass, John H. Jaokson, Vi. L. Frazer, Simon PI011lQJldon trom Oowlitz LandiD&; s. s, salUlders, A. B. Dl11enbaugh, Mar oel Beraler, Slt1De7 s, p'ord, laJJl8s Cochran, Joseph Borst from. Newou.!tw;aj er. M. Simmons. ClaDrlok Crosbr, Joseph Ero8bears, A. J. Simmons trom'lUMater; A. M. Poe, D. S. Maynard, D. F. Brownfield trom Olympia; T. M. Cham.bers. John Bradley. J. B. Chapman, Ii. C. Wilson, lohn Edgar, and 11-'. S. Balch from Steil 8C001l1. Banerott. 0'. cit•• p. 50; snoWden. omP. cit., p. 204. Seth 08 \lin was elaot8ti president wIth A. )4. "Poe and F. s, Balch as secretaries. On BlOtlon of Cbapman five standiBg c0J.Il81tt••• wer'. appoint": the one on 'ferrltorlal Goverwaent wi th 1'1ve umbers, that on Distriots and Counties With eight, that on the Rights and PriT11eses of Citizens with three, the Conmdttee on mtemal .Illq)1'OTements aDd that on Ways and Means with three eaoh. - .Q.reeen SReota'tg£ and Oregon Statesman, Sept••bar 23, 1851.
10
ate territorial government tor .Northern Oregon(l), another mem.
orial askins tor 1100,000 tor roads from Pug.t Sound to ~alla
Wella and to the ColWllbla river. and a request to the Oregon
legi.la~ure tor twelve additional counties north ot the Colum-
bia river. (2) '1'he name ot "Columbian was Buggested tor the new
territor7; and .Dr. D. S. Maynard went further than the oonven
tiOD intended in his suggestion,
·~Fh8t when this oonvention does adjourn, 1t adjourn to meet on the third Monday in Ma7 next, at Oly.mpla, then and there to torm a State 0onstitution, preparatory t.o Bsking adm1ss1on 1nto the Union as one ot the Stl'!tel!ll thereot': pJ."O'Vided that Congress has not at that time organized a 'l'erritorlal Government. "'(a)
This was a remarkable suggestion; acoording to the Census ot
1850 the white popuJ.stlon north of the Columbia was 1,049, (4)
and noy; could sObiroely have ba611 I')ver 1,500 at most. Oregon-
proper outnumbered the northern distriot…