The Provisional Government of Oregon was a popularly elected settler government created in the

Oregon Country Oregon Country was a large region of the Pacific Northwest of North America that was subject to a long Oregon boundary dispute, dispute between the United Kingdom and the United States in the early 19th century. The area, which had been demarcat ...

(1818-1846), in the

Pacific Northwest The Pacific Northwest (PNW; ) is a geographic region in Western North America bounded by its coastal waters of the Pacific Ocean to the west and, loosely, by the Rocky Mountains to the east. Though no official boundary exists, the most common ...

region of the western portion of the continent of

North America North America is a continent in the Northern Hemisphere, Northern and Western Hemisphere, Western hemispheres. North America is bordered to the north by the Arctic Ocean, to the east by the Atlantic Ocean, to the southeast by South Ameri ...

. Its formation had been advanced at the

Champoeg Meetings 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 he ...

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 American pioneers, also known as American settlers, were European American,Asian American, and African American settlers who migrated westward from the British Thirteen Colonies and later the United States of America to settle and develop areas ...

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 European, or Europeans, may refer to: In general * ''European'', an adjective referring to something of, from, or related to Europe ** Ethnic groups in Europe ** Demographics of Europe ** European cuisine, the cuisines of Europe and other West ...

descent until several exploratory tours and expeditions were authorized at the turn of the 18th to the

19th centuries The 19th century began on 1 January 1801 (represented by the Roman numerals MDCCCI), and ended on 31 December 1900 (MCM). It was the 9th century of the 2nd millennium. It was characterized by vast social upheaval. Slavery was abolished in ...

, such as

Lewis and Clark Lewis may refer to: Names * Lewis (given name), including a list of people with the given name * Lewis (surname), including a list of people with the surname Music * Lewis (musician), Canadian singer * " Lewis (Mistreated)", a song by Radiohe ...

's Corps of Discovery going northwest in 1804-1806, and

United States Army The United States Army (USA) is the primary Land warfare, land service branch of the United States Department of Defense. It is designated as the Army of the United States in the United States Constitution.Article II, section 2, clause 1 of th ...

Lt.

Zebulon Pike Zebulon Montgomery Pike (January 5, 1779 – April 27, 1813) was an American brigadier general and explorer for whom Pikes Peak in Colorado is named. As a U.S. Army officer he led two expeditions through the Louisiana Purchase territory, first ...

and his party first journeying north, then later to the far southwest. The

Organic Laws of Oregon 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 ...

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 A legislature (, ) is a deliberative assembly with the legal authority to make laws for a political entity such as a country, nation or city on behalf of the people therein. They are often contrasted with the executive and judicial power ...

judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...

, and

executive branch The executive branch is the part of government which executes or enforces the law. Function The scope of executive power varies greatly depending on the political context in which it emerges, and it can change over time in a given country. In ...

. The

executive government The executive branch is the part of government which executes or enforces the law. Function The scope of executive power varies greatly depending on the political context in which it emerges, and it can change over time in a given country. In ...

was at first the

Executive Committee A committee or commission is a body of one or more persons subordinate to a deliberative assembly or other form of organization. A committee may not itself be considered to be a form of assembly or a decision-making body. Usually, an assembly o ...

, consisting of three members, in effect from 1843 to 1845; then in 1845, a

governor A governor is an politician, administrative leader and head of a polity or Region#Political regions, political region, in some cases, such as governor-general, governors-general, as the head of a state's official representative. Depending on the ...

replaced the committee. The

judicial branch The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...

had a single Supreme Judge along with several lower local courts, and a legislative committee of nine served temporarily as a

until later when the

lower chamber A lower house is the lower chamber of a bicameral legislature, where the other chamber is the upper house. Although styled as "below" the upper house, in many legislatures worldwide, the lower house has come to wield more power or otherwise exe ...

of the

Oregon House of Representatives The Oregon House of Representatives is the lower house of the Oregon Legislative Assembly, the upper house being the Oregon State Senate. There are 60 members of the House, representing 60 districts across the state, each with a population of ...

for the new federal

Oregon Territory The Territory of Oregon was an organized incorporated territory of the United States that existed from August 14, 1848, until February 14, 1859, when the southwestern portion of the territory was admitted to the United States, Union as the Oreg ...

was established in August 1848 by action of the

United States Congress The United States Congress is the legislature, legislative branch of the federal government of the United States. It is a Bicameralism, bicameral legislature, including a Lower house, lower body, the United States House of Representatives, ...

and approved by the

President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university *President (government title) President may also refer to: Arts and entertainment Film and television *'' Præsident ...

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 The Willamette Valley ( ) is a valley in Oregon, in the Pacific Northwest region of the United States. The Willamette River flows the entire length of the valley and is surrounded by mountains on three sides: the Cascade Range to the east, the ...

, of the

, with many on the

French Prairie French Prairie is located in Marion County, Oregon, United States, in the Willamette Valley between the Willamette River and the Pudding River, north of Salem. The prairie area roughly corresponds to the traditional land of the Kalapuya peopl ...

Champoeg Champoeg ( , historically Horner, John B. (1919). ''Oregon: Her History, Her Great Men, Her Literature''. The J.K. Gill Co.: Portland. p. 398.) is a former town in the U.S. state of Oregon. Now a ghost town, it was an important settlement in t ...

. On February 9, 1841, the death of prominent early settler

Ewing Young Ewing Young (1799 – February 9, 1841) was an American fur trapper and trader from Tennessee who traveled in what was then the northern Mexico frontier territories of Santa Fe de Nuevo México and Alta California before settling in the Oregon Co ...

(1799-1841), – who left no last will and testament nor had any heirs in Oregon Country region – left the future of his property uncertain.Horner, John B
''Oregon: Her History, Her Great Men, Her Literature.''
Portland: The J.K. Gill Co. 1919 On February 17, missionary

Jason Lee Jason Michael Lee (born April 25, 1970) is an American actor, filmmaker, photographer and former professional skateboarder. He is known for playing Earl Hickey in the television comedy series ''My Name Is Earl'', for which he was nominated for ...

(1803-1845), chaired the first meeting organised to discuss the matter. He proposed the creation of an authority over the pioneers centered on a governor.Grover, La Fayette
''The Oregon Archives''
, Salem: A. Bush, 1853 Some

French-Canadian French Canadians, referred to as Canadiens mainly before the nineteenth century, are an ethnic group descended from French colonists first arriving in France's colony of Canada in 1608. The vast majority of French Canadians live in the prov ...

settlers blocked the measure and instead a

probate judge A probate court (sometimes called a surrogate court) is a court that has competence in a jurisdiction to deal with matters of probate and the administration of estates. In some jurisdictions, such courts may be referred to as orphans' courts o ...

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 The Oregon Trail was a east–west, large-wheeled wagon route and Westward Expansion Trails, emigrant trail in North America that connected the Missouri River to valleys in Oregon Territory. The eastern part of the Oregon Trail crossed what ...

led to an increase in the American settler population from the east. Initiated by William H. Gray (1810-1889), the "Wolf Meetings" of early 1843 created a

bounty Bounty or bounties commonly refers to: * Bounty (reward), an amount of money or other reward offered by an organization for a specific task done with a person or thing Bounty or bounties may also refer to: Geography * Bounty, Saskatchewan, a g ...

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. Bancroft, Hubert and

Frances Fuller Victor Frances Auretta Victor ( Fuller; formerly Barritt; pen names: Florence Fane, Dorothy D.) (May 23, 1826 – November 14, 1902) was an American historian and historical novelist. She has been described as "the first Oregon historian to gain regio ...

''History of Oregon.''
Vol. 1. San Francisco: History Co., 1890. 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.Loewenberg, Robert J. "Creating a Provisional Government in Oregon: A Revision". The

Pacific Northwest Quarterly ''Pacific Northwest Quarterly'' (commonly referred to as ''PNQ'') is a peer-reviewed academic journal of history that publishes scholarship relating to the Pacific Northwest of the United States, including Alaska, and adjacent areas of western Can ...

68, No. 1 (1977), pp. 20-22 Two months later, on July 5, 1843, the

, modeled after the 1838

Iowa Territory The Territory of Iowa was an organized incorporated territory of the United States that existed from July 4, 1838, until December 28, 1846, when the southeastern portion of the territory was admitted to the Union as the state of Iowa. The remai ...

's Organic Law and the previous old

Ordinance of 1787 The Northwest Ordinance (formally An Ordinance for the Government of the Territory of the United States, North-West of the River Ohio and also known as the Ordinance of 1787), enacted July 13, 1787, was an organic act of the Congress of the Co ...

(adopted 56 years before by the former

Confederation Congress The Congress of the Confederation, or the Confederation Congress, formally referred to as the United States in Congress Assembled, was the governing body of the United States from March 1, 1781, until March 3, 1789, during the Confederation ...

(1781-1789), under the earlier governing document of the

Articles of Confederation and Perpetual Union The Articles of Confederation, officially the Articles of Confederation and Perpetual Union, was an agreement and early body of law in the Thirteen Colonies, which served as the nation's first frame of government during the American Revolutio ...

drawn up 1776-1780, and adopted 1781, for establishing the old

Northwest Territory The Northwest Territory, also known as the Old Northwest and formally known as the Territory Northwest of the River Ohio, was formed from part of the unorganized western territory of the United States after the American Revolution. Established ...

(1787-1803) north of the

Ohio River The Ohio River () is a river in the United States. It is located at the boundary of the Midwestern and Southern United States, flowing in a southwesterly direction from Pittsburgh, Pennsylvania, to its river mouth, mouth on the Mississippi Riv ...

and around the

Great Lakes The Great Lakes, also called the Great Lakes of North America, are a series of large interconnected freshwater lakes spanning the Canada–United States border. The five lakes are Lake Superior, Superior, Lake Michigan, Michigan, Lake Huron, H ...

), were adopted by the new American and former French-Canadian colonists of the

, establishing the Provisional Government of Oregon. The government was, according to pioneers Overton Johnson and William H. Winter (1819-1879), intended from the start as an interim entity, until "whenever he United Statesextends her jurisdiction over the Territory". (Johnson would go on to serve as Recorder for the provisional government for a few months in 1844.)

Structure

The Organic Laws were drafted by a legislative committee on May 16, 1843 and June 28, 1843, before being adopted on July 5.Corning, Howard M. ''Dictionary of Oregon History''. Binfords & Mort Publishing, 1956. 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 Whitman massacre (also known as the Whitman killings and the Tragedy at Waiilatpu) was the killing of American missionaries Marcus and Narcissa Whitman, along with eleven others, on November 29, 1847. They were killed by a small group of C ...

, 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

to act as an executive.''The Organic Act'' in Grover, Lafayette
''The Oregon Archives.''
Salem: A. Bush. 1853, pp. 26-35 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

, taking effect in June 1845. At that time

George Abernethy George Abernethy (October 7, 1807 – March 2, 1877) was an American politician, pioneer, notable entrepreneur, and first governor of Oregon under the provisional government based in the Willamette Valley, an area later a part of the American sta ...

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 Oregon City is the county seat of Clackamas County, Oregon, United States, located on the Willamette River near the southern limits of the Portland metropolitan area. As of the 2020 census, the city population was 37,572. Established in 1829 ...

.Clarke, S. A
''Pioneer Days of Oregon History, Volume 2.''
Portland, Oregon: J. K. Gill Co. 1905 They met at different times each year, and in 1848 they did not meet; too many members had left for the

California California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...

gold fields. The legislature enacted various laws, sent memorials to

Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...

, incorporated towns and organizations, and granted divorces and licenses to run

ferries A ferry is a boat or ship that transports passengers, and occasionally vehicles and cargo, across a body of water. A small passenger ferry with multiple stops, like those in Venice, Italy, is sometimes referred to as a water taxi or water bus. ...

. After the establishment of the

, the legislature was replaced with the two house

Oregon Territorial Legislature 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 Represent ...

Judicial branch

The Provisional Government also included a judiciary. The forerunner of the

Oregon Supreme Court The Oregon Supreme Court (OSC) is the highest State court (United States), state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States.

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 Nathaniel Ford (c. 1795 – January 9, 1870) was an American politician and Oregon pioneer during the time of the Oregon Territory. A native of Missouri, he worked as a sheriff in that state before moving to the Oregon Country where he was select ...

, Peter H. Burnett,

Osborne Russell Osborne Russell (19 June 1814 – 1 May 1884) was a mountain man and politician who helped form the government of the U.S. state of Oregon. He was born in Maine. Early life Osborne Russell was born 19 June 1814, in the village of Bowdoinha ...

, Ira L. Babcock, and future

United States Senator The United States Senate consists of 100 members, two from each of the 50 U.S. state, states. This list includes all senators serving in the 119th United States Congress. Party affiliation Independent Senators Angus King of Maine and Berni ...

James W. Nesmith James Willis Nesmith (July 23, 1820 – June 17, 1885) was an American politician and lawyer from Oregon. Born in New Brunswick to American parents, he grew up in New Hampshire and Maine. A Democrat, he moved to Oregon Country in 1843 where he ...

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

was decreed to be covered by four administrative divisions. Initially created on July 5, 1843, were the Twality, Yamhill, Clackamas and Champooick (later Champoeg) districts. Yamhill district claimed the lands west of the

Willamette River The Willamette River ( ) is a major tributary of the Columbia River, accounting for 12 to 15 percent of the Columbia's flow. The Willamette's main stem is long, lying entirely in northwestern Oregon in the United States. Flowing northward ...

and a line extending from its course, and south of the

Yamhill River The Yamhill River is an tributary of the Willamette River, in the U.S. state of Oregon. Formed by the confluence of the South Yamhill River and the North Yamhill River about east of McMinnville, it drains part of the Northern Oregon Coast R ...

. Champooick District was adjacent to the east, its northern border the confluence of the

Pudding Pudding is a type of food which can either be a dessert served after the main meal or a Savoury (dish), savoury (salty or sweet, and spicy) dish, served as part of the main meal. In the United States, ''pudding'' means a sweet, milk-based des ...

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 The Rocky Mountains, also known as the Rockies, are a major mountain range and the largest mountain system in North America. The Rocky Mountains stretch in great-circle distance, straight-line distance from the northernmost part of Western Can ...

and north of the Mexican territory of

Alta California Alta California (, ), also known as Nueva California () among other names, was a province of New Spain formally established in 1804. Along with the Baja California peninsula, it had previously comprised the province of , but was made a separat ...

. 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 The Hudson's Bay Company (HBC), originally the Governor and Company of Adventurers of England Trading Into Hudson’s Bay, is a Canadian holding company of department stores, and the oldest corporation in North America. It was the owner of the ...

through

Fort Vancouver Fort Vancouver was a 19th-century fur trading post built in the winter of 1824–1825. It was the headquarters of the Hudson's Bay Company's Columbia Department, located in the Pacific Northwest. Named for Captain George Vancouver, the fort was ...

.Clark, Robert C
"Last Step in Provisional Government"
''The Quarterly of the Oregon Historical Society'' 16, No. 4 (1915), pp. 313–329 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 The Oregon boundary dispute or the Oregon Question was a 19th-century territorial dispute over the political division of the Pacific Northwest of North America between several nations that had competing territorial and commercial aspirations in ...

Parallel 54°40′ north The Oregon boundary dispute or the Oregon Question was a 19th-century territorial dispute over the political division of the Pacific Northwest of North America between several nations that had competing territorial and commercial aspirations in ...

was adopted.Oregon Territorial Government
''Laws of a General and Local Nature passed by the Legislative Committee and Legislative Assembly.''
Salem, Oregon: Asahel Bush. 1853. On December 22, 1845 districts were renamed to counties. Additional districts were created over time from the original four, including the

Clatsop The Clatsop ( Lower Chinook: ) are a Chinookan-speaking Indigenous people of the Pacific Northwest of the United States. In the early 19th century they inhabited an area of the northwestern coast of present-day Oregon from the mouth of the Co ...

Vancouver Vancouver is a major city in Western Canada, located in the Lower Mainland region of British Columbia. As the List of cities in British Columbia, most populous city in the province, the 2021 Canadian census recorded 662,248 people in the cit ...

Linn Linn may refer to: People * Linn (surname) * Linn (given name) * Carl Linnaeus, abbreviated as Linn. * Linn da Quebrada, stage name of Brazilian singer, actress, screenwriter and television personality Lina Pereira dos Santos (born 1990) Place ...

Clark Clark is an English language surname with historical links to England, Scotland, and Ireland, ultimately derived from the Latin ''clericus'' meaning "scribe", "secretary" or a scholar within a religious order, referring to someone who was educated ...

Polk DNA polymerase kappa is a DNA polymerase that in humans is encoded by the ''POLK'' gene. It is involved in translesion synthesis DNA repair is a collection of processes by which a cell (biology), cell identifies and corrects damage to the ...

, Benton counties.

Other

Other government positions included Recorder,

Treasurer A treasurer is a person responsible for the financial operations of a government, business, or other organization. Government The treasury of a country is the department responsible for the country's economy, finance and revenue. The treasure ...

, 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 The name Robert is an ancient Germanic given name, from Proto-Germanic "fame" and "bright" (''Hrōþiberhtaz''). Compare Old Dutch ''Robrecht'' and Old High German ''Hrodebert'' (a compound of '' Hruod'' () "fame, glory, honour, praise, reno ...

Alanson Beers Alanson Beers (August 19, 1808 – February 20, 1853) was an American pioneer and politician in the early days of the settlement of the Oregon Country. A blacksmith by trade, he was a reinforcement for the Methodist Mission in what would become the ...

, William H. Gray, James A. O'Neil,

Robert Newell Robert Newell may refer to: * Robert Newell (VC) (1835–1858), British Army recipient of the Victoria Cross * Robert Newell (politician) (1807–1869), politician in Oregon, United States * Robert Henry Newell (1836–1901), American humorist * Rob ...

, 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

, 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

' adoption of the

Donation Land Claim Act The Donation Land Claim Act of 1850, sometimes known as the Donation Land Act, was a statute enacted by the United States Congress in late 1850, intended to promote homestead settlements in the Oregon Territory. It followed the Distribution-Pre ...

. Another law allowed the government to organize a

militia A militia ( ) is a military or paramilitary force that comprises civilian members, as opposed to a professional standing army of regular, full-time military personnel. Militias may be raised in times of need to support regular troops or se ...

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 Eminent domain, also known as land acquisition, compulsory purchase, resumption, resumption/compulsory acquisition, or expropriation, is the compulsory acquisition of private property for public use. It does not include the power to take and t ...

of property without compensation. Following the

Cockstock Incident The Cockstock incident was an altercation between indigenous peoples and settlers in the Willamette Valley. It originated as a dispute between Cockstock, a native, and James D. Saules, a free black settler. On 4 March 1844, conflict erupted betwe ...

in 1844, the legislature decreed that

African Americans African Americans, also known as Black Americans and formerly also called Afro-Americans, are an American racial and ethnic group that consists of Americans who have total or partial ancestry from any of the Black racial groups of Africa ...

could not reside in the Oregon Country, only David Hill and

Asa Lovejoy Asa Lawrence Lovejoy (March 14, 1808 – September 10, 1882) 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 ...

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.Mcclintock, Thomas C. "James Saules, Peter Burnett, and the Oregon Black Exclusion Law of June 1844". ''The Pacific Northwest Quarterly'' 86, No. 3 (1995), pp. 121–130 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.Neil M. Howison
''Oregon: Report of Lieut. Neil M. Howison, United States Navy, to the Commander of the Pacific Squadron''
Washington D.C.: Tippin & Streppen. 1848 In 1844, the legislature passed a law banning the sale of ardent spirits, out of concern that the

Native Americans Native Americans or Native American usually refers to Native Americans in the United States. Related terms and peoples include: Ethnic groups * Indigenous peoples of the Americas, the pre-Columbian peoples of North, South, and Central America ...

would become hostile if intoxicated.

Finances

Prior to the creation of the Provisional Government, the economic activities by in the Oregon European descendants Country were focused on the

fur trade The fur trade is a worldwide industry dealing in the acquisition and sale of animal fur. Since the establishment of a world fur market in the early modern period, furs of boreal ecosystem, boreal, polar and cold temperate mammalian animals h ...

. A system called "wheat credit" was established in the 1830s for French-Canadian settlers on the French Prairie.Gilbert, James Henry. ''Trade and Currency in Early Oregon.'' New York City: MacMillan Co. 1907 The farmers would take their harvests to a granary in Champoeg, where a receipt for its market value was given, valid for use at HBC stores. Another item used for transactions by French-Canadian and later American pioneers were beaver skins.Scott, Leslie M. "Pioneer Gold Money, 1849". ''Oregon Historical Quarterly'' 33, No. 1 (1932), pp. 25-30 The first Organic Laws only authorised voluntary donations, a measure deemed a "utopian scheme", and provided scant funds.Shippee, Lester B
"The Federal Relations of Oregon—VII"
''The Quarterly of the Oregon Historical Society'' 20, No. 4 (1919), pp. 345-395 A tax on real estate and personal property was created in 1844, that covered a third of that year's expenses. The next year the property tax was doubled to .0025% and a 50¢

poll tax A poll tax, also known as head tax or capitation, is a tax levied as a fixed sum on every liable individual (typically every adult), without reference to income or resources. ''Poll'' is an archaic term for "head" or "top of the head". The sen ...

was levied as well, with failure to pay resulting in

disenfranchisement Disfranchisement, also disenfranchisement (which has become more common since 1982) or voter disqualification, is the restriction of suffrage (the right to vote) of a person or group of people, or a practice that has the effect of preventing someo ...

. Sheriffs acted as tax collectors, but their position was made difficult due to the poverty or unwillingness of many colonists to pay what was owed. Taxes were paid in wheat and gathered at appointed locations for the district, largely HBC warehouses. A small amount of silver coins from

Peru Peru, officially the Republic of Peru, is a country in western South America. It is bordered in the north by Ecuador and Colombia, in the east by Brazil, in the southeast by Bolivia, in the south by Chile, and in the south and west by the Pac ...

and

Mexico Mexico, officially the United Mexican States, is a country in North America. It is the northernmost country in Latin America, and borders the United States to the north, and Guatemala and Belize to the southeast; while having maritime boundar ...

freely circulated as legal tender. Minor financial agreements were completed in lieu of currency with assorted agricultural products, such as "wheat, hides, tallow, beef, pork, butter, lard, peas, lumber and other articles of export of the territory" Strevey, T. Elmer. "The Oregon Mint". ''The Washington Historical Quarterly'' 15, No. 4 (1924), pp. 276–284 One pioneer recalled the lack of currency, receiving at most 25¢ in transactions between 1844 and 1848. To overcome the lack of circulating coins, Abernethy gathered scraps of flint left over from

arrowhead An arrowhead or point is the usually sharpened and hardened tip of an arrow, which contributes a majority of the projectile mass and is responsible for impacting and penetrating a target, or sometimes for special purposes such as signaling. ...

production by local indigenous.''Oregon Native Son and Historical Magazine''
Vol. 1. Portland: Native Son Publishing Co. 1899, p. 90 After attaching scraps of paper to them, the amount owed by Abernethy was written on one and given to customers, transferable for other supplies at his store. Coins remained a prized item by settlers for example, during a sale of lots in

a property manager offered a discount of 50% if paid in specie. A traveler who visited Oregon before the arrival of American merchants reported that HBC stores sold goods at rates lower than in the United States. As merchants from the United States became established in the region, they chaffed under the economic hegemony of the HBC. The vendors pressed for the HBC to charge more for sales to pioneers, which the company did for two years, only for American customers.

Joel Palmer General Joel Palmer (October 4, 1810 – June 9, 1881) 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 se ...

reported that without the British company "the prices would be double what they are now". Palmer, Joel and Reuben Gold Thwaites
''Palmer's Journal of Travels over the Rocky Mountains, 1845-1846''
Cleveland: Arthur H. Clark Co. 1906, pp. 217–218 The small American merchant class and officers of the HBC loaned settlers more credit than most could refund."The Currency"
''

Oregon Spectator ''The Oregon Spectator'', was a newspaper published from 1846 to 1855 in Oregon City of what was first the Oregon Country and later the Oregon Territory of the United States. The ''Spectator'' was the first American newspaper west of the Rocky Mo ...

''. , May 14, 1846, p. 2 Fears of creditors demanding restitution from the farmers lead to wheat receipts and scrips issued by the government declared valid currency in 1845.''Oregon Acts and Laws''
New York City: N. A. Phemister Co. The law decreeing wheat as currency was ridiculed for not establishing financial standards for the merchants, who were de facto bankers. Between 1847 and 1848 the local market for wheat became flooded from overproduction, causing a decline in its value. The legislature repealed previous regulations on December 20, 1847, making only gold, silver and treasury drafts on valid currency. Thus, the creditors of the territory were able to protect their financial standing by removing wheat as tender. Around $8,000 from the poll and property taxes were collected over the course of the government, far short of the expenses amounting to $23,000.

California

After the

Conquest of California The Conquest of California, also known as the Conquest of Alta California or the California Campaign, was a military campaign during the Mexican–American War carried out by the United States in Alta California (modern-day California), then part ...

during the ongoing

Mexican–American War The Mexican–American War (Spanish language, Spanish: ''guerra de Estados Unidos-México, guerra mexicano-estadounidense''), also known in the United States as the Mexican War, and in Mexico as the United States intervention in Mexico, ...

, American settlers began to move to the newly seized land. This created a demand for Oregonian wheat; proceeds from the sale of barrels of flour amounted to $10 per keg in 1847. The start of the

Gold Rush A gold rush or gold fever is a discovery of gold—sometimes accompanied by other precious metals and rare-earth minerals—that brings an onrush of miners seeking their fortune. Major gold rushes took place in the 19th century in Australia, ...

caused an immense rise in demand for various products in Californian markets. Economic transactions with the pioneer settlements of Oregon increased greatly, with the number of visiting vessels in 1849 was triple that of the previous eight years. Between 1848 and 1851 Oregon lumber and wheat sent to the new markets fetched rates two to three times higher than in 1847. Significant amounts of gold dust began to circulate in the Willamette Valley, though impurities were common. The Oregon Exchange Company was authorized by the legislature to begin producing Beaver Coins in early 1849,Carey, Charles H
''History of Oregon''
Portland: Pioneer Historical Publishing Co. 1922. p. 407 though production began on March 10, a week after the dissolution of the Provisional Government.

Settlement with the Hudson's Bay Company

The mounting debts of the government, though it could "scarcely hope" to force the HBC company posts to adhere to its authority, made establishing an agreement with the HBC a priority. An employee of the company,

Francis Ermatinger The Francis Ermatinger House is located in Oregon City, Oregon, United States. Built in 1843, it is the third oldest house in Oregon and the oldest house in Clackamas County. It was built for Francis Ermatinger, Chief Trader of the Hudson's Bay ...

, was elected to the position of Treasurer in July after carrying the French-Canadian vote. In August Applegate inquired to Chief Factor

John McLoughlin John McLoughlin, baptized Jean-Baptiste McLoughlin, (October 19, 1784 – September 3, 1857) was a French-Canadian, later American, Chief Factor and Superintendent of the Columbia District of the Hudson's Bay Company at Fort Vancouver from 1 ...

if the HBC would pay taxes and join the Provisional Government.Judson, Katharine B
"Dr. John McLoughlin's Last Letter to the Hudson's Bay Company, as Chief Factor, in charge at Fort Vancouver, 1845"
''The American Historical Review'' 21, No. 1 (1915), pp. 104–134 At the same time a member of the legislature, David Hill, tabled a bill on August 15 that would deny any HBC employees citizenship or suffrage. The measure failed to pass, but demonstrated the feelings of the "Ultra-Americans" towards the company. While Applegate and McLoughlin held a conference, plans for the administration of the territory above the Columbia River, to be named Vancouver, were begun. The Chief Factor found the Provisional Government a satisfactory way to pursue the debts owed to the HBC by settlers, and protect company property against claim jumpers. Additionally he felt if the government were to openly declare independence from outside powers he could "be elected head were I to retire among them". The negotiations ended with the condition that only sales with settlers would be taxed. Taxes paid to the Provisional Government by the HBC and the

Puget Sound Agricultural Company The Puget Sound Agricultural Company (PSAC), with common variations of the name including Puget Sound or Puget's Sound, was a subsidiary joint stock company formed in 1840 by the Hudson's Bay Company (HBC). Its stations operated within the Pacific N ...

amounted to $226 that year. Several more employees of the HBC were then included in the government. Chief Trader James Douglas was appointed as a justice for Vancouver after the signing of the agreement and in 1846 he and fellow employee Henry Newsham Peers were elected to the legislature. If there were any sessions of the Vancouver court, none of the records or correspondence remain. Claims were filed by British subjects covering the HBC forts of

, Cowlitz, and

Nisqually Nisqually, Niskwalli, or Nisqualli may refer to: People * Nisqually people, a Coast Salish ethnic group * Nisqually Indian Tribe of the Nisqually Reservation, federally recognized tribe ** Nisqually Indian Reservation, the tribe's reservation in ...

. Vancouver in particular was covered by 18 claims. British reaction to the agreement was generally negative. It was seen as unneeded by William Peel, son of Prime Minister Peel, who arrived with small flotilla several days after its signing. Mervin Vavasour was in the Oregon Country gathering intelligence about the defensive capabilities of the HBC posts and voiced the minority view that the compact was to the benefit of "peace and prosperity of the community at large".

Militia

The organic laws laid out plans for a

of a battalion of mounted riflemen commanded by an officer with the rank of

major Major most commonly refers to: * Major (rank), a military rank * Academic major, an academic discipline to which an undergraduate student formally commits * People named Major, including given names, surnames, nicknames * Major and minor in musi ...

, with annual inspections. Every male settler between 16 and 60 who wanted to be "considered a citizen" had to be a part of the military; failure to do so would incur fines. (This remains so under modern Oregon law, though now both sexes are included, and the age range is only 18 to 45.)Oregon Revised Statutes 10§396
. Published by the Legislative Counsel Committee of the Oregon Legislative Assembly. 2005. Retrieved on July 20, 2007. Under the first Organic Laws, power to call out the militia was vested in the Executive Committee, though any officer of the militia could also call them out in times of insurrection or invasion.

Cayuse War

In December 1847, after learning of the

Whitman Massacre The Whitman massacre (also known as the Whitman killings and the Tragedy at Waiilatpu) was the killing of American missionaries Marcus and Narcissa Whitman, along with eleven others, on November 29, 1847. They were killed by a small group of C ...

from HBC Chief Factor James Douglas, Governor Abernethy and the legislature met to discuss the situation. Major

Henry A. G. Lee Henry A. G. Lee (c. 1818 – 1851) was a soldier and politician in Oregon Country in the 1840s. A member of Virginia's Lee family, he was part of the John C. Frémont, Fremont Expedition and commanded troops during the Cayuse War in what became ...

was placed in charge of a company called the

Oregon Rifles The Oregon Rifles was the first military force organized for the protection of white settlers of the Oregon Country in the Pacific Northwest of North America. Shortly after the Whitman Massacre, Oregon Governor George Abernethy communicated to the ...

on December 8 and was ordered to

The Dalles The Dalles ( ;) formally the City of the Dalles and also called Dalles City, is an inland port, the county seat of and the largest city in Wasco County, Oregon, United States. The population was 16,010 at the 2020 census, and it is the large ...

. At that location the force established Fort Lee on December 21. An additional force of 500 men was to meet in Oregon City by December 25. This group prosecuted the war east of the Cascades under the command of

Cornelius Gilliam Cornelius Gilliam (April 13, 1798 – March 24, 1848) was a pioneer of the U.S. state of Oregon who was best known as the commander of the volunteer forces against the Cayuse in the Cayuse War. A native of North Carolina, he served in the Black ...

. The war continued until five Cayuse emissaries, which according to Archbishop

François Norbert Blanchet François Norbert Blanchet (September 30, 1795 – June 18, 1883) was a French Canadian-born missionary priest and prelate of the Catholic Church who was instrumental in establishing the Catholic Church presence in the Pacific Northwest. He was ...

, were sent to "have a talk with the whites and explain all about the murderers, ten in number, who were no more, and had been killed by the whites, the Cayuses and were all dead." Blanchet, François N.br>''Historical Sketches of the Catholic Church in Oregon''
Portland: 1878. pp. 182–184 However, the Cayuse party was imprisoned and transported to Oregon City. When the group was asked why they offered themselves to the militia, Tiloukaikt stated "Did not your missionaries teach us that Christ died to save his people? So die we to save our people." At a military court Tiloukait and the four other Cayuses, Tomahas, Klokamas, Isaiachalkis, and Kimasumpkinhese, were found guilty and hanged on June 3, 1850, at Oregon City.

Subsequent history

Signed on June 15, 1846, the

Oregon Treaty The Oregon Treaty was a treaty between the United Kingdom and the United States that was signed on June 15, 1846, in Washington, D.C. The treaty brought an end to the Oregon boundary dispute by settling competing American and British claims to ...

ended the dispute between the

United Kingdom of Great Britain and Ireland The United Kingdom of Great Britain and Ireland was the union of the Kingdom of Great Britain and the Kingdom of Ireland into one sovereign state, established by the Acts of Union 1800, Acts of Union in 1801. It continued in this form until ...

and the United States, by dividing the

at the 49th parallel. This extended U.S. sovereignty over the region, but effective control would not occur until government officials arrived from the United States. Two years later, on August 14, 1848, the

created the

; this territory included today's states of

Oregon Oregon ( , ) is a U.S. state, state in the Pacific Northwest region of the United States. It is a part of the Western U.S., with the Columbia River delineating much of Oregon's northern boundary with Washington (state), Washington, while t ...

Washington Washington most commonly refers to: * George Washington (1732–1799), the first president of the United States * Washington (state), a state in the Pacific Northwest of the United States * Washington, D.C., the capital of the United States ** A ...

, and

Idaho Idaho ( ) is a landlocked U.S. state, state in the Pacific Northwest and Mountain states, Mountain West subregions of the Western United States. It borders Montana and Wyoming to the east, Nevada and Utah to the south, and Washington (state), ...

, and parts of

Montana Montana ( ) is a landlocked U.S. state, state in the Mountain states, Mountain West subregion of the Western United States. It is bordered by Idaho to the west, North Dakota to the east, South Dakota to the southeast, Wyoming to the south, an ...

and

Wyoming Wyoming ( ) is a landlocked U.S. state, state in the Mountain states, Mountain West subregion of the Western United States, Western United States. It borders Montana to the north and northwest, South Dakota and Nebraska to the east, Idaho t ...

. Appointed

Governor A governor is an politician, administrative leader and head of a polity or Region#Political regions, political region, in some cases, such as governor-general, governors-general, as the head of a state's official representative. Depending on the ...

of the Oregon Territory by

President Polk James Knox Polk (; November 2, 1795 – June 15, 1849) was the 11th president of the United States, serving from 1845 to 1849. A protégé of Andrew Jackson and a member of the Democratic Party, he was an advocate of Jacksonian democracy and ...

Joseph Lane Joseph Lane (December 14, 1801 – April 19, 1881) was an American politician and soldier. He was a state legislator representing Evansville, Indiana, and then served in the Mexican–American War, becoming a general. President James K. Polk ap ...

arrived at Oregon City on March 2, 1849. Governor Lane kept the legal code of the dissolved provisional government, apart from immediately repealing the law authorizing the minting of the Beaver Coins, as this was incompatible with the

United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally includi ...

(Article I, Section 8). The creation of the

Washington Territory The Washington Territory was an organized incorporated territory of the United States that existed from March 2, 1853, until November 11, 1889, when the territory was admitted to the Union as the State of Washington. It was created from the ...

in 1854 removed the northern half of the Oregon Territory.Evans, Elwood
''Washington Territory: Her Past, Her Present, and the Elements of Wealth which Ensure Her Future''
Olympia, Washington: C. B. Bagley. 1877. pp. 15–17 Established on February 14, 1859, the State of

was composed of roughly the western half of the territory, the remaining eastern section being added to the Washington Territory. File:Flag of Oregon.svg, alt=Flag of Oregon,

File:Flag of Washington.svg, alt=Flag of Washington state,

File:Flag of Idaho.svg, alt=Flag of Idaho,

File:Flag of Montana.svg, alt=Flag of Montana,

File:Flag of Wyoming.svg, alt=Flag of Wyoming,

Footnotes

External links

*
Oregon Secretary of State: Historical County Offices and Duties
{{DEFAULTSORT:Provisional Government Of Oregon 1849 disestablishments in the United States States and territories established in 1843 States and territories disestablished in 1849 1843 establishments in Oregon Country

Former regions and territories of the United States