Pierce Asbill was born in Howard County, Missouri, in October 1835, whence he emigrated, with his parents, in 1844. In 1849 the family removed to California, finally settling in Sonoma County, since which time they have been engaged in various vocations, but principally in stock-raising. In their expeditions through the country Frank M. Asbill, in 1854, discovered Round Valley in California.

Daniel Clark, a native of King County, Ireland, was born Feb. 14, 1824. His father emigrated to Quebec in 1828, and went from Canada to Missouri in 1836. At 13 Daniel was impelled to begin life for himself, and engaged with a neighbor for 8 dollars a month to cut cord-wood. At 18 he was employed as overseer on a plantation; but hearing of the prospective donation of fand in Oregon to actual settlers, determined to go to the new country, and try his fortunes there. He joined the independent colony under Gilliam, and arriving late and destitute, went to making rails. Two years afterward he married Miss Bertha B. Herren. In 1848 he went to the California mines, returning to Oregon for his wife and infant child the same winter. In 1850 he left the mines and returned to his home 5 miles south of Salem. His wife dying in 1861, he married again in 1865 Miss Harriet Scheoffer. When the Oregon state grange was organized in 1873 he was elected master for his services in the movement, in which he has ever been heartily interested. Mr Clark lived long in firm health and vigor, enjoying the reward of a temperate and just life. S. F. Pacific Rural Press, in Or. Cultivator, June 15, 1876. Willis Jenkins of the immigration of 1844 settled on the Luckiamute in Polk County, then Yamhill district. When the town of Dallas was laid off in 1852 he built the first dwelling, first store, and first hotel, and remained in business there for some time; but when eastern Oregon was opened up by the gold discoveries, he removed to that section and aided in its development. His wife, who came with him to Oregon, died in 1872. His son, Henry Jenkins, became a Methodist preacher, and his other children were scattered over Oregon. Dallas Republican, in Portland Oregonian, Jan. 17, 1874.

Dr J. L. Barlow, an honorable gentleman and excellent citizen,' died at his home in Oregon City, March 7, 1879, where he had lived since 1844. Salem Statesman, March 14, 1879.

James Welch, who arrived in Oregon in November 1844, removed from the Willamette Valley in 1846 to Astoria, and took the land claim adjoining John McClure's, on the east, which became a part of the town of Astoria. Welch continued to reside at Astoria, where he held several offices of trust, and engaged actively in the business of milling, salmon fishing and canning, and town improvements. In 1876, while on a visit to his son, James W. Welch, internal revenue collector at Walla Walla, he passed suddenly away while asleep, on the night of the 29th of September, at the age of 60 years. His family continued to reside at Astoria. Walla Walla Union, in Salem Statesman, Oct. 12, 1876.

Bartholomew White was a cripple who came to Oregon and took a claim in 1844 on the south bank of the Columbia, where St Helen now stands, and which he afterward sold or abandoned to Knighton in 1847.

Joseph Watt was born in Ohio, but emigrated from Missouri. He remained at Oregon City over two years, when he returned to the States to bring out sheep and a carding-machine. This attempt to drive sheep overland from the east was suggested by the fact that one of the Shaws in 1844 drove 16 sheep to Oregon, which he intended to kill for mutton by the way; finding that they travelled as well as the other stock, and buffalo being plenty, he spared them. This Shaw removed to Benicia, California. Watt had no sooner returned to Oregon with his carding-machine and sheep than the gold discovery in California drew everybody who could go to the mines, and he realized nothing from his scheme of introducing a useful manufacture. But his sheep increased, and money came into the country, until finally he conceived the idea of a woollen factory, which was finally established at Salem in 1857, this being the pioneer woollen-mill on the Pacific coast of the United States. Mr Watt still resides at Salem.

Nathaniel Ford, of whose settlement in Polk County I have spoken, after a useful and honorable life, died at Dixie, in that county, January 9, 1870, at the age of 75 years. Lucinda Ford, his wife, died January 4, 1874, aged 74 years. Dallas Times, Jan. 15, 1870; Salem Statesman, Jan. 16, 1874. Samuel Walker, who had served 23 years in the army of the United States, and emigrated in 1844, settled near Salem, where he lived 26 years, and accumulated a comfortable property. He died July 20, 1870, at St Joseph's hospital, Vancouver. Vancouver Register, July 23, 1870. Joel Crisman, a native of Virginia, died in Yamhill County, Aug. 16, 1875, aged 80 years. E. E. Parrish, born in West Virginia, Nov. 20, died in Linn County, Oct. 24, 1874.

E. B. Magruder, a native of Maryland, for a long time a resident of Jackson County, died July 1875, at Jacksonville, aged 74 years. He was identified with early enterprises in southern Oregon. With him emigrated to Oregon Theophilus R. Magruder, also a resident of southern Oregon, and a merchant. He died Oct. 5, 1871, aged 39 years. Theophilus Magruder resided for several years at Cresent City, California.

Jas B. Stephens was born in Washington County, Pennsylvania, in 1806. At the age of 8 years he removed with his father to Indiana, where he remained until he was 26, when he made another westward movement, and located on the Mississippi River, opposite Fort Madison, where he supplied the steamboats with wood and continued to reside for 11 years. Emigrating in 1844 to Oregon with his family, in the autumn of 1845 he bought a land claim on the east bank of the Willa.nette, opposite Portland, which is now the site of East Portland, and where he still resides. Overton, who had claimed on the other side, but wished to leave the country, offered Stephens his land for $200, but the latter having no money, and nothing to depend on except his trade, which was coopering, declined. It was after this offer that he purchased East Portland at an administrator's sale, Lovejoy being the seller. Nesmith was present for the purpose of bidding, but learning that Stephens desired the place for his business, and to make a home, the former gave way. This was during his term as judge of probate, the sale being under his order. The incident illustrates the generous spirit of the men of 1843. Minto's Early Days, MS., 32.

Franklin Sears was born in Orange County, New Jersey, June 28, 1817. At the age of 10 years he removed with his parents to Saline County, where he left them to join the emigration to Oregon in 1844. The following year he went to California, and settled in Sonoma County, where he held a large farm.

Isaac N. Gilbert, a native of New York, was born at Rushville, June 27, 1818. He went to Illinois when still a very young man, and from there emigrated to Oregon at the age of 27, in company with 3 others. He took a land claim 2 miles north-east of Salem, and in 1850 married Miss Marietta Stanton, daughter of Alfred Stanton, an immigrant of 1847. Gilbert was the first county clerk of Marion county, holding the office for 3 years, and was for a time surveyor of the county. He made the first plat of the town of Salem. He laid out the road from Salem to Philip Foster's, at the foot of the Cascade Mountains, in 1846. He was one of the four original founders of the Congregational church in Salem in 1852; and during his life one of its principal supporters. He died March 20, 1879, at his home in Salem. Or. Pioneer Assoc., Trans., 1878, 82-3.

Mrs Henrietta Gilliam Coad, daughter of Cornelius Gilliam, and wife of Samuel Coad, died at Salem, March 30, 1875, aged about 32 years. Mrs Pauline Ford Boyle, third daughter of Nathaniel Ford, died in November 1874 of consumption. H. C. Jenkins, in alluding to her death, remarked that of the Ford family of 13 who crossed the plains in 1844 with him, only 2 were then left. Elijah Bunton died in 1861, on the Walla Walla River, during the gold excitement. His widow married a Mr Watson. Mrs Keziah Watson died March 19, 1874, at Weston, in Umatilla County. Mrs Mary Jane Roberts Rogers, wife of Clark Rogers, died March 4, 1875, aged 43 years. Portland P. C. Advocate, March 25, 1875.

CHAPTER XVIII.

AMENDMENT OF THE ORGANIC LAWS.

1845.

THE FIRST THREE LEGISLATIVE BODIES-OPPOSING PARTIES-THE SEVERAL LEGISLATURES-MEMORIAL TO CONGRESS-WHAT BENTON THOUGht of IT-ELIJAH WHITE'S EXPLOITS-PROCEEDINGS OF THE LEGISLATURE— FUSION OF THE AMERICANS AND BRITISH-ENGLISH SPIES IN OREGON— BRITISH VESSELS-CONDUCT OF MCLOUGHLIN DISCUSSED UNJUST CENSURE-CONSEQUENCE TO MCLOUGHLIN.

FROM the adjournment of the legislative committee December 24th to the election of 1845, the political situation of the country in reference to boundary was earnestly discussed by the leading men of both nationalities in Oregon, with a candor, courtesy, and dignity born of the greatness of the question, and with the desire to avoid the collisions threatened by the turbulent few. This mutual endeavor to understand each other could not but tend to produce salutary results, removing prejudices due to birth and education, and replacing them by personal esteem and private friendships.1

Among themselves, the Americans had other issues to consider. It is worthy of remark that the first three legislative bodies of Oregon made and adopted three different forms of republican government, without any disturbances that affected the public peace. The first framed a set of organic laws, intended to bind the people together, and to secure benefits to themselves by giving them a quasi title to selected tracts of land. This organization may be styled the Applegate's Views, MS., 42.

THE MISSIONARY REPUBLIC.

471

missionary republic. Before its laws, which were voted upon by the organizers, who called themselves the people, although they represented no more than a majority of two over those who did not desire a code, could have a trial, there appeared in the country an overwhelming number of bold, free, independent men, who acknowledged no authority, either commercial or religious, who found the missionary republic too contracted to suit their views, and who proposed, if they were to live under its laws, to modify them according to their requirements. Hence a legislative committee without a missionary in it, and only two of the old colonists. I have shown how they, while greatly improving upon the legislation of their predecessors, leaned toward an independent republic, by neglecting to submit their code to the vote of the people, and by attempting to secure a call for a constitutional convention. Against such a tendency the patriotism of the western men rebelled.

Meetings were held in the most populous districts, from which delegates were chosen to a convention appointed to meet at Champoeg April 8, 1845, for the choice of candidates for governor, supreme judge, and other officers. One good effect of the code of 1844 was, that it had driven the Canadians to unite with the Americans in the government organization, as unless they did so their lands could not be protected. It was therefore at the house of a French settler that the convention of delegates met.2

3

Although there were but two prominent parties, the American and the independent, the latter including the Canadians and those who desired a constitution, there were four candidates, A. L. Lovejoy, George Abernethy, Osborne Russell, and W. J. Bailey. Lovejoy and Russell represented the two parties before mentioned, and Abernethy the Mission.

3

Clyman's Diary, MS., 98; McLoughlin's Private Papers, MS., 2d ser., 14. White says: Many are favorable to the adoption of a constitution... This being the most enlightened view, and meeting with little opposition, I am of opinion it will prevail.' Concise View, 55

re

Bailey, who was known to lean toward independence, yet was also of the old missionary fraternity, belonged to no particular party. In convention Lovejoy ceived the greater number of votes, the Americans being in the majority. But before the election, the independents, having no hope of securing their choice, and not liking to see Lovejoy elected, went over to Abernethy, who thus became governor, although at the time he was on a visit to the Sandwich Islands.5

One of the principles of the American party was that the organic law of 1843 was the law of the country until the people had voted upon the amendments of 1844; because, as they contended, the people had not yet resigned the law-making power. This opposition strengthened the independents somewhat, who could find many who favored the new code. But when it came to the election of the legislature, it was found that no known independents were invested with legislative power. That there were many who favored the call for a convention was proven by the fact that the majority against it was only ninety-three, or about two to one, according to the voting census of 1844.6

The legistators elect from Champoeg County were Robert Newell, J. M. Garrison, M. G. Foisy, Barton Lee; from Clackamas County, H. A. G. Lee, William H. Gray, Hiram Straight; from Tualatin County, M.

From the fact that there were no newspapers in Oregon at this time, it is difficult to get a clear return of the election, but I learn from other sources that J. W. Nesmith was elected judge, and Frank Ermatinger treasurer. Ermatinger's election was the welcoming hand to the Hudson's Bay Company.

Mr Applegate says that Albernethy headed the American ticket called by its adversaries missionary.' Views of Hist., MS., 44. But I have followed Gray, who, in this instance, clearly shows the cause which defeated the candidate of the convention. Both Russell and Bailey would prefer Abernethy to one of the new and aggressive men of the immigrations, and their influence, combined with that of the Mission which also announced its candidates as American, elected him.

Or. Archives, MS., 51.

It will be observed that the word 'county' had been substituted for district. This usage was introduced by the committee of 1844; but the legis lature of 1845 passed an act authorizing the change. Or. Laws, 1843–9, 35. In the same manner the phrase 'legislative committee was altered to 'legislature,' though there were those who objected to both changes.