A History of Oregon, 1792-1849 Part 50

On the final vote to carry this bill over the veto of the governor, we find Hall, Lounsdale, and Looney changing their votes in favor of pa.s.sing the bill over the veto, which is as follows:--

OREGON CITY, Dec. 17, 1846.

GENTLEMEN,--I return to your honorable body the act ent.i.tled "An Act to regulate the manufacture and sale of wine and distilled spirituous liquors," with my objections to the same.

Previous to our organization as a provisional government, public sentiment kept liquor from being manufactured or sold in this Territory. Heretofore, every act of the Legislature has been, as far as ardent spirits were concerned, prohibitory in character. The act lying before me is the first act that has in any manner attempted to legalize the manufacture and sale of ardent spirits.

At the session of the Legislature in June, 1844, an act was pa.s.sed ent.i.tled "An Act to prevent the introduction, sale, and distillation of ardent spirits in Oregon," and, as far as my knowledge extends, the pa.s.sage of that act gave satisfaction to the great majority of the people throughout the Territory. At the session of December, 1845, several amendments were proposed to the old law, and pa.s.sed. The new features given to the bill by those amendments did not accord with the views of the people; the insertion of the words "give" and "gift," in the first and second sections of the bill, they thought was taking away their rights, as it was considered that a man had a right to give away his property if he chose. There were several other objections to the bill, which I set forth to your honorable body in my message. I would therefore recommend that the amendments pa.s.sed at the December session of 1845 be repealed; and that the law pa.s.sed on the 24th of June, 1844, with such alterations as will make it agree with the organic law, if it does not agree with it, be again made the law of the land. It is said by many that the Legislature has no right to prohibit the introduction or sale of liquor, and this is probably the strongest argument used in defense of your bill. But do you not as effectually prohibit every person who has not the sum of one, two, three hundred dollars to pay for his license, as does the law now on the statute-book? Are not your proposed fines and penalties as great or greater than those of the old law? Where, then, is the benefit to the people? There is no doubt in my mind, but that the law will be evaded as easily, and as often, under the new law, as it was under the old, and, in addition to this, there will be the legal manufacturers, importers, and sellers, who will be able, under the sanction of law, to scatter all the evils attendant upon the use of alcoholic drinks. We are in an Indian country; men will be found who will supply them with liquor as long as they have beaver, blankets, and horses to pay for it. If a quant.i.ty should be introduced among the Wallawallas, and other tribes in the upper country, who can foretell the consequences; there we have families exposed out, off from the protection of the settlements, and perhaps, at the first drunken frolic of the Indians in that region, they may be cut off from the face of the earth. But we need not go so far; we are exposed in every part of our frontier, and when difficulties once commence, we can not tell where they will cease.

It has been proved before the House of Commons that one-half of the insanity, two-thirds of the pauperism, and three-fourths of the crimes of Great Britain may be directly traced to the use of alcoholic drink. The testimony of our most eminent judges in the United States shows that the same proportion of crime is attributable to ardent spirits in that country. Statistics might be produced, showing the enormous evil and expense of an indiscriminate use of liquor.

As to revenue, the small amount received for licenses, instead of being a revenue, would be swallowed up in the expenses attending trials for crimes, etc., caused by the crime of these licenses.

But, leaving all other countries out of view, let us consider our own state. Surrounded by Indians, no military force to aid the executive and other officers in the discharge of their duties, not a solitary prison in the land, in which to confine offenders against the laws, and consequently no way of enforcing the penalties of the law, I think these things should call for calm and serious reflection, before pa.s.sing your final vote on this bill. My opinion is, the people are opposed to legalizing the introduction and sale of liquor in this land. I may be mistaken, and therefore should be in favor of the old law, or something similar should be adopted, of referring the whole matter to the polls at the next general election. If the people say "No liquor," continue to prohibit; if they say, through the ballot-box, "We wish liquor,"

then let it come free, the same as dry-goods, or any other article imported or manufactured; but, until the people say they want it, I hope you will use your influence to keep it out of the Territory.

It is with regret that I return any bill unsigned, but I feel that we both have duties to perform, and when we think duty points out the way, I trust we may always be found willing to follow it.

GEO. ABERNETHY.

To the Hon. the Legislature of Oregon Territory.

On motion of Mr. Hall, the communication was laid on the table.

AFTERNOON SESSION.--At two o'clock the house met. A call of the house was made, and the sergeant-at-arms dispatched for the absent members, who, after a short absence, returned, and reported that the absentees had been notified, and were now present. Thereupon, the further call of the house was dispensed with.

The house then reconsidered the bill to regulate the manufacture and sale of ardent spirits, and, after some deliberation, the question being put upon the pa.s.sage of the bill, it was decided affirmatively, by the following vote:--

_Yeas_--Messrs. Boon, Hall, Hembree, Lounsdale, Looney, Meek, Summers, Straight, T. Vault, Williams, and the Speaker--11.

_Nays_--Messrs. Chamberlain, McDonald, Newell, Peers, and Dr. W. F.

Tolmie--5.

At St. Josephs, Elizabethtown, Iowa Point, Council Bluffs, and the Nishnabatona, were 271 wagons for Oregon and California. Allowing five to the wagon gives us about 1,355 souls that crossed the Missouri at these points. The quant.i.ty of loose stock was estimated at 5,000 head.

From Independence, Missouri, for Oregon, 141 men, 71 women, 109 children, and 128 wagons. From Independence, for California, 98 men, 40 women, 57 children, 320 oxen, and 46 wagons. Total, 1,841 souls, as stated in Mr. Saxton's pamphlet, 1846. The larger portion of this immigration found their way into Oregon, notwithstanding the Hudson's Bay Company and Mr. Hastings did all they could to turn them to California. A statement by Mr. S. K. Barlow shows that 141 wagons, 1,559 head of horses, mules, and horned cattle, and some 15 head of sheep pa.s.sed on his road; seven more teams pa.s.sed after this report was made.

Besides the number that came over the Mount Hood or Barlow road, there were some persons, with wagons, who attempted to come in on the Applegate route, and a number came down the Columbia River.

This year, on the 21st of February, the brig _Henry_, Captain Kilborn, started from Newburyport for Oregon, with eight pa.s.sengers, including women and children; also the _Angelo_, Captain Hastings, from Boston, made the attempt, but failed. The brig _Henry_ arrived late in 1846.

On Thursday, February 5, 1846, the first newspaper published on the Pacific coast was issued from the press of the Oregon Printing a.s.sociation, at Oregon City. The originators of the Printing-Press a.s.sociation were the same that started the Multnomah Circulating Library, the Wolf a.s.sociation, and the provisional government, in 1842-3.

_Const.i.tution of the Oregon Printing a.s.sociation._

PREAMBLE.--In order to promote science, temperance, morality, and general intelligence,--to establish a printing-press to publish a monthly, semi-monthly, or weekly paper in Oregon,--the undersigned do hereby a.s.sociate ourselves into a body, to be governed by such rules and regulations as shall from time to time be adopted by a majority of the stockholders of this compact, in a regularly called and properly notified meeting.

_Articles of Compact._

ARTICLE 1. This a.s.sociation shall be known by the name of the "Oregon Printing a.s.sociation," and shall hold an annual meeting at Oregon City, on the first Tuesday of December of each year.

ART. 2. Its officers shall be a president, vice-president, secretary, treasurer, and a Board of three directors, who shall be elected annually by ballot, and shall hold their offices until their successors are elected.

ART. 3. It shall be the duty of the president to preside at all the meetings of the a.s.sociation, to sign all certificates of stock, and drafts upon the treasurer for the payment of funds, and to preside at the meetings of the Board of Directors.

ART. 4. It shall be the duty of the vice-president to perform the duties of the president in case of his absence, by death, or by removal from office.

ART. 5.----The secretary to attend, and keep a record of all the meetings of the a.s.sociation, and of the Board of Directors, and to publish the proceedings of the annual and special meetings of the a.s.sociation, and such portions of the proceedings of the Board of Directors as the Board shall direct from time to time; to give one month's notice of all special meetings of the a.s.sociation.

ART. 6. It shall be the duty of the treasurer to take charge of the funds of the a.s.sociation, and keep an account of all moneys received and disbursed, and pay out the same in accordance with drafts drawn on him by the president, and signed as per third article of this compact; to give such security to the president as shall be deemed sufficient by the Board of Directors for the faithful performance of his trust; to report the state of the treasury to the Board of Directors quarterly, and to pay over to his successor in office all funds of the a.s.sociation.

ART. 7.----The officers and Board of Directors to manage and superintend, or procure a suitable person to do so, the entire printing and publis.h.i.+ng a.s.sociation; to employ all persons required in the printing or editorial departments of the press; to publish a full statement of their proceedings semi-annually; to draft and adopt such by-laws as may be deemed proper for their government, provided no by-law contravenes the spirit of these articles of compact; to declare a dividend of any profits arising from the printing establishment as often as they shall deem it expedient; to fill any vacancy that may occur in their number; three of whom shall const.i.tute a quorum, and be competent to transact business.

ART. 8. _The press owned by or in connection with this a.s.sociation shall never be used by any party for the purpose of propagating sectarian principles or doctrines_, nor for the discussion of exclusive party politics.

ART. 9. The stock of this a.s.sociation shall consist of shares, of ten dollars each, payable in cash or its equivalent.

ART. 10. For every ten dollars paid to the treasurer of the a.s.sociation, the payer thereof shall receive a certificate for the same, signed by the president and countersigned by the secretary; and for every such certificate, the holder thereof, or his agent, on presenting to the Board of Directors satisfactory evidence that he is such, shall be ent.i.tled to one vote in all the annual and special meetings of this a.s.sociation; shall receive _pro rata_ of all moneys that may accrue from the profits of the printing establishment, and be allowed to transfer his stock to any one, by certifying and indorsing his name upon the back of his certificate.

ART. 11. These articles, _except the 8th_, may be altered or amended at any annual or special meeting of the a.s.sociation, provided that the proposed amendment shall have been published in at least two numbers of the paper published by order of the a.s.sociation.

_Officers of the a.s.sociation_,

W. G. T. VAULT, President.

J. W. NESMITH, Vice-President.

JOHN P. BROOKS, Secretary.

GEORGE ABERNETHY, Treasurer.

JOHN H. COUCH, } JOHN E. LONG, } Directors.

R. NEWELL, }

The first editor of this paper was W. G. T. Vault. A man more unfit for the position could scarcely have been found in the country. He professed to have been an editor of a paper in Arkansas, and blew and swelled like the toad in the fable, and whined like a puppy when he gave his valedictory, in the fifth number of the _Spectator_. He says: "We have among us a cla.s.s of _mongrels_, neither American nor anti-American, a kind of foreign, hypocritical go-betweens,--as we would say in the States, _fence men_,--whose public declarations are, 'All for the good of the public, and not a cent for self.' The political sentiments of the conductors were at variance with his." Mr. T. Vault was led to believe that Mr. Newell was his only friend, from the fact that he was absent from the meeting of the Board when his successor was appointed; and complains of Dr. Long and J. W. Nesmith. Newell and Long acted together.

H. A. G. Lee, who succeeded T. Vault as editor, was far better qualified for the position, though he did not suit this same Board of Directors, as Newell was the maneuvering spirit. Lee was too strongly American in his sentiments, and too intelligent to be a dupe of the influence of which T. Vault complained.

Mr. Douglas declares the position of the English element in the tenth number of the _Spectator_. Mr. S. Parker answers him in the eleventh number; and Mr. Lee, in the fourteenth number, tenders his thanks to the Board for relieving him. The fifteenth, sixteenth, and seventeenth numbers, each "run itself," as the expression is.

On the eighteenth number, G. L. Curry, Esq., took charge, to the twenty-sixth number, which completed the first volume of the paper. He continued his editorial position till the twenty-fourth number of the second volume, when he brought his duties to a close by publis.h.i.+ng a set of resolutions calculated to injure J. Q. Thornton, who had gone on to Was.h.i.+ngton to have a history of the country published, and, as was supposed, to secure the best federal appointments for himself and his friends. One-half of the legislators believing that unfair and improper means had been used by Mr. Thornton and his friends, the other half not caring to vote against Mr. Thornton's proceedings, being, perhaps, his real friends, the resolutions were lost by a tie vote. Mr. Curry, as editor of the _Spectator_, took sides against Mr. Thornton, and in favor of the objectionable resolutions, and published them under an editorial article, notwithstanding he had been requested, as he admits, not to publish them.

Judge A. E. Wait succeeded Mr. Curry in the editorial department of the paper, and, by a foolish, vacillating course, continued to hold his position so as to please the Hudson's Bay Company and the Roman Catholic and Methodist influences in the country. The paper, by this means, became of little value to its patrons and the country, and soon getting involved in its financial affairs, it was sold and lost financially to the original proprietors.

CHAPTER LIV.

The Whitman ma.s.sacres.--Narratives of, by J. B. A. Brouillet and J.

Ross Browne.--Extract from the New York _Evangelist._--Statements of Father Brouillet criticised.--Testimony of John Kimzey.--Dr.