o TITE SUNDAY OREGOX1AX. TORTLAXD. FEBRUARY 21. 1909. ; ADDRESS OF HON. FRED'K N. JUDSON, OF ST. OREGON'S SEMI-CENTENNIAL OF STATEHOOD LOUIS. AT STATE UAfllUL, rzoKusxti ia THR early struggles of the nations for possession of Oregon, with the con- fllcting claim of Spain. France. Russia, Great Britain . and the United States, are of profound and romantic In terest. Spain. In her conquest of the western world. In the fifteenth and six teenth centuries, claimed the right of do minion over the whole western coast of the continent, through ' discovery and actual occupation. Under the Florida Treaty of 1S19 the United States acquired the Spanish title, whatever It was, in the Oregon territory. France made extended claims In the new world, but vanquished In Canada, she gave way to the superior prowess of Great Britain, and her right to the Mississippi and the Rocky Moun tains paused to the United States In the Louisiana Purchase of 1S0J. Russia was at one time a competitor in the struggle for this territory, but with drew by her settlement with Great Brit aJn on the line of 54 deg. 4 min. as her southern boundary on the American roast, and her rights in Alaska have since passed to the United States. The Eng lish claims were more formidable in a . practical view, as they were based not only upon exploration, but upon occupa tion by the Hudson Bay Company of the territory with Its armies of traders and furriers. Time will not permit dwellins In detail upon the thrilling and dramatic incidents cf the struggle of the nations for the pos session of this territory .between the mountains and the- Pacific The Amer ican competition with the Hudson Bay Company In the establishment of Astoria by John Jacob Astor In the early part of the last century; tho Interruption of the War of 1S12. and the abandonment of the American enterprises thereafter; the anomalous Joint occupancy by Great Brit ain and the United States; the mild rule of the Hudson's Bay Company under the benevolent McLaughlin: ttie Improvised provisional government established by the settlers, the inspiring and heroic labors of Ie. Whitman and De Smet; and their co- laborers, recalling the devoted work of Marquette in the Mississippi Valley; the procession of Immigrants slowly tolling over the mountain passes, the tales of Indian savagery, continually Imperiling the struggling and isolated- settlements, the thrilling narrations of privation and bereavement these are all the common places of your history, and will be the theme of song and story for generations to come. OREGON A XI) VXITKI STATES Organization of the Territory De layed on Several Grounds. As we are commemorating- the ad mission of Oregon Into statehood In the United States, It seems appro priate to limit cur consideration of the eventful annals to those features which are directly connected with the great drama of our National history. No statt. not of the original IS, has contributed so materially In the cir ' cumwtanccs of Its acquisition and ter ritorial organization to the great Na tional Issues which have divided the country. The anomalous period of Joint :oceupancy between the United States and Great Britain; the Improvised self government; the boundary settlement, preventing a threatening war: the ter ritorial organisation, precipitating the engry slavery isue. which finally re sulted In civil war- these are all In volved In the relation of Oregon to the United States. The Oregon of the Oregon question prior to the settlement of the boun daries between the United States and : Great Britain was geographies lly not the Oregon which was admitted to statehood in 1859. The Oregon coun try Included not only what is now tiie state of Or?gon. but also the states of "Washington, Idaho and part of Mon tana ana Wyoming, and all of British Columbia west of the Rocky Moun tains and south of the Alaska line of B4 deg. 40 min. This area was greater than that of the 13 colonies at the date of the Revolution. It Included the en tire territory between the Rocky Mountains and the Tacific Ocean, the Alaska boundary on the north and that of California on the south. Whiie there Is no' historic-il verifi cation for the report that there was at any time danger of the abandon ment of Oregon by the United States. It is tn.e tiiat the organization of the territory was delayed by opposition on different grounds. Until the great Im migration of the early '41s there was general Ignorance In the Kastern countries as to the value of the prop erty for settlement. Some were op posed to a further, extension of the Union westward, as they had been op posed to the Louisiana Purchase, and there was opposition in the South on the ground that Oregon would strengthen the free territory at the expense of the slave states. As late as 1S43.' Senator Alt-Duffy, of South Carolina, In the Senate, scouted t lie Idea of a railroad to the mouth of the Columbia River, and was thankful that God in his mercy had placed the Rocky Mountains in tue way. so as to make this country unapproachable. On the othor hand. Mr. Jefferson, especiall;.' alter the Lewis and Clark Kxpetlition. was profoundly convinced of the great ptisslbi.tties in the de velopment of Oregon and Its availa bility for settlement. It clearly ap pears in the discussions In Congress that as soon a the valuo of the coun try became known, and the tides of immigration began to pour in, there was no serious question as to the pol icy of the United States, although leg islation was delayed through the boundary oispnte and the complica tions of the slavery question. JOINT OC'ClTAXCr AGRKK.MKXT Two Nations Averting Title to Entire- Property. An interesting and aucmafous feature of the history of Oregon, or rather of the Oregon territory, is the fact that from 1S1?. after the close of tho War of for some 25 years, the country re mained under the joint occupancy of two nations, England and the United States, both asserting title to the entire prop erty, and without prejudice to their re spective claims. The United States based its claim upon discovery and exploration of the Columbia River by Gray in 1792, the explorations of Lewis and 'dark, the settlement at Astoria, and subsequently the acquisition of the rights of Spain tinder the Florida treaty of 1S19. On the other hand, th Knglish claimed the en tire country south to the Columoia River by virtue of the actual occupation by the Hudson Bay Company, and Its extensive business with the trappers and furriers. In the Louisiana purchase of 1K3 the ter ritory ceded to Spain by France and re turned to France in 1SW was sold to the United States by what was In effect a deed of quit-claim, but ns this territory thus acquired was bounded by the Rocky Mountains, the purchase itself was neith er then nor thereafter asserted as a ba sis for the title, of the "United States. In the absence of actual settlement and oc- iff . -"""Tin ; ;" 'ivV V ff p.fj'y'' 1 - vtv ; ii A7A rsTj " - 31 ' lK":-' If Wl ' fe"- ill wy Xt -s III w VT'Si: O 11 1 m 1 mi'jui Jt m I 111 (- -Cw ii. ' imi K 1r 111 II 1 1 1 1 i, ' 11 Mil 111 ' I N 4 1 - ' - "111 1 1 1 1 I ' - . ill II II III ' I I 111 ? V - : "1 1 '; w- - - SB 1' l tL,. , It' . I i .InnnMn tll n ' 'T-jWr" r-Tf " nnaSSJ ' " ' 1 ''" "''''777j. ' ' ' 1 ' I I . tuAIV ZiSWCS' XZZ X. cupation. it cannot be suid that either Great Britain or the United States had a very convincing claim against the other. Dr. Flske, In his Astoria address of 192 well taid: Neither the purchase of 1!M3 nor that of 1S19 would have gone far toward Riving Oresen to the United States, unlets the shs'iowv. ntelaphvMral claims had been iiDiilementtd ly the solid facts of occu pancy and possession. After the War of 1S12 and the sale of the Astoria property to an English com pany thereafter incorporated with the Hudson Bay Company, a treaty was made between F.ngland and the United States in 1K18 for, the temporary occupancy of the territory which was essentially ano malous, and would have been Impossible except under the peculiar conditions pre vailing in the country- It was virtually an agreement of joint occupancy, with out prejudice to the conflicting claims of the two contracting powers, as to the boundary of their respective rights. Thus in tliis treaty it was provided, among other things, that the entire country claimed by either party, and the naviga tion of all rivers, should be free and open for ten years to the vessels, citizens and subjects of the two powers, and that the agreement should not be considered to the prejudice of any claim of either to any part of the country. This condition of Joint occupancy wr.s secured for ten years, and was afterward extended indeti nitely until either of the two powers should give notice to the other of a de sire to terminate it. During this period of joint occupancy, certainly until the organization by the settlers of the provisional government, hereafter referred to. the authority nec essary for the control of the Indians and the small white population was exer cised by Dr. Mclaughlin, tho local gov ernor of the Hudson Bay Company. It was fortunate that this responsibility de volved upon one who was exceptionally qualified for its judicial administration. The high character of Dr. McLoughlin, his considerate treatment of the Ameri can settlers and missionaries, have been clearly shown by the president of your society, and will cause his memory to be honored. SETTLEMENTS OP BOUNDARY Happy Tage in tbe History of Ore gon as Well as the Nation. - The termination of the Joint occupancy was closely associated with the assertion of the American rights in the Oregon Territory up to the Russian boundary line of 54 deg. 40 min., and this was caused by the growing recognition of the value of the Oregon territory for occu pation and settlement. In the words of Mr. Benton: The great event of this time was the movement of the Anglo-Saxon race to the Pacific Ocean, beginning In 1812 and largely In creasing in mz. and this, like all other great immigrations and settlements of that race on our continent, waa the act of the people going forward without government aid, or maintenance, estab lishing their position and compelling the. government to follow them with its shield and spread It over them. It was at this time of the uncertainly of the titles bf the respective countries that the assertion was made of the American right to tho whole Oregon coun try up to the Russian border of 04 deg. 40 min.'. and this became a political Issue, which was adopted by tho Democratic - VfY c.o h , rw- ilv ji v :ff'J -I t ' -, ' A I' . h x). f'm ' M ' ' Si : . -fiSB OREGON AS A convention- of 1S41, in its platform, where on President Polk was elected. At one time this Issue threatened war wKh Kng!and. and the danger was the greater becajise it was complicated with the other political issues of the time. War with Mexico was then impending through the annexation of Texas, which the South wanted for the extension of the slave territory, and certain politi cians of the West demanded the whole Oregon country, even at the risk of war with England. This boundary question was aggra- fvated by the demand for the termination of the Joint occupancy. It may be true, as suggested by Dr. Fiske in his essay on Andrew Jackson, that the movement of American Immigration info the Ore gon territory would in time have given the United States tho entire country up to the line of 64 deg. 40 min. It was the wise counsel of Mr. Calhoun to leave the adjustment of the boundary question, as well as the Joint occupancy, to the working of these allent forces which would make the country Ameri can. But such speculations are Idle, as tho United States , was at that ti'me notJ only in no position to make war on Great Britain over the Northwest boun dary, as It had neither army nor navy on the Pacific Coast, nor the means of COL.. JE. 22. J3yCJZ.. transporting which could enable it to cope with Great Britain; but the United States was really estopped In good morals by its own prior assertion of the line of 49 degrees as the limit of Its northern claim. Great Britain claimed to the line of the Columbia River by reason of actual occupation. ABLE TO GOVERN OURSELVES Signal Proof of Oregon Pioneers Capacity for Sclf-Government. A most interesting period of the his tory of Oregon is the so-called Provi sional Government, which was estab lished by the settlers during the latter years of the Joint occupancy and Its ter mination until the organization of the territorial government in 1849. A body of laws was adopted by the joint ac tion of the Immigrants of the state and of British subjects, which, amended from time to time, was in effect the organic law until the territorial organi zation by the United States in ISM. At first there was not a single executive head, but an executive committee of three, and no provision for taxation, the expense of administration being paid by voluntary subscription. As the popula tion increased, thfse primitive arrange ments proved inadequate, and a gover nor was elected, and that essential of organized government a system of taxa tionwas provided. This improvised government is an in teresting study for political philosophers. The government rested literally upon the consent of the governed. It was an Illus tration of the social contract to which such philosophers as Locke and Rous seau ascribed the-origin of all govern ment. These settlers in a wild country, separated from civilized states by thou sands of miles and all but impassable mountains, surrounded by savage In dians, found it necessary to surrender in part their individual liberty for their mutual protection, the maintenance of order, and security of property. An anomalous feature of this provi sional government was Its creation and maintenance by men who owed allegi ance to different sovereignties, whdse re lations were at times strained even to the point of threatened war. The oath of the officials of this government ex pressly reserved tho duty owing as a citizen of the T'nited States or as a sub ject of Great Britain. The laws of this provisional government show clearly that however primitive and wild the conditions in which they are placed, men of Anglo-Saxon- ancestry carry with them as their inheritance the fundamental conceptions of liberty and justice. Thus, in this social compact the freedom of religious belief and worship, the right of habeas corpus, and trial by jurv were guaranteed. Justice and the ut most good faith were enjoined in the treatment of the Indians, whose landri and property wero not to be taken without their consent. Kducatlon was encouraged and flavery was prohibited. Provision "was- frradrj-f5rThc pTom'pt "administration of justice and for regulating and record ing land claims. Factional differences may have devel oped among these settlers struggling with the hard conditions of pioneer life as they have developed in modern settled commu nities. Nonetheless, however, the success ful organization ami wise administration of this provisional government, whereun dcr life and property were secured, justice orderly administered, the settlements suc cessfully defended from the Indians, and the national prejudices of alien popula tions effectually controlled during these critical years will rcmuin for all time signal proof of tho capacity of the Oregon pioneers for self government. TERRITORY Conflict With Hie New Developing Slavery Agitation. The settlement of the boundary question and the termination of joint occupancy left the Oregon that Is. the territory south of the 49 degrees and between tho Rocky Mountaina and the Paeifio' Ocean, as an organized territory of the United States. During the period of the settlement of the boundary question. Immigrants had been pouring in through the passes of the Rocky Mountains, so that there were now several thousand American Inhabitants who had settled upon the land and were living only under the l.iwa made by them- .nlvac a rH the ilpntnn I lor dVHp.i I rfn- tcction by formal organization as j. tcrri ! tory became. imperative. It was at this time tint this recognized I necessity for the orcrajiuation of O'egou as a territory came m conflict with the new-developing slavery agitation wh:ch finally ended in Civil War. . . . The organization of Oregon with the exclusion of slavery was finally effected by the adoption of the provisional laws enacted by the territory and also subject ing' the territory to the provisions of the Ordinance of 1787, which excluded slavery. An attempt was made to defeat the bill by filibustering, but it was finally passed on the last day of the session, August 14, 1S48, through the alertness of Senator Ben ton in seizing an opportunity to call for a vote on the. bill. It was promptly signed by President Polk, who announced his approval in a message, saying that if it had prohibited, slavery south of the line of 36 degrees 30 minutes, fixed by the Mis souri Compromise, his action would have been different. The solutions of Mr. Calhoun, though never brought to a vote in the Senate, proved a veritable pandora box in the politics of the country. When introduced in the Legislature of Missouri and adopt ed, tliey were repudiated by Mr. Benton, and this resulted in a division of the Democratic party in that state and the re- tirement of Mr. Benton from the Senate three years later. OREGON'S ADMISSION" AS STATE Complex and Inflamed Condition ot National Politics at the Time. The territorial organization, despite the perils and sufferings of Indian warfare, was followed by a rapid increase in popu lation, and under the same self-reliant pioneer spirit, which had organized tho provisional government of 1S43, a Consti tutional Convention wae held, without any authority from Congress, and a Constitu tion adopted by the people November 9. 1S57. On the 14th of February. 1859. the Act admitting Oregon was approved by President Buchanan, and it was admitted as the thirty-third state in the Federal Union. During the ten years of territorial or ganization events of far-reaching impor tance had been enacted on the broader National stage. It was not the same Ore gon which had been admitted in 1848. as Washington with its present boiuidaries had been carved from It In 1S63. Tlio agi tation of the slavery question had gone on unceasing since 184S. The admission of California, the Clay Compromise, the Fu gitive Slave Act of 1SW), the Kansas-Nebraska Act of 1S04. the Dred Scott decision of 1S.M. the border war in Kansas, the in tense development of anti-slavery In the northern slates all these had followed in rapid succession. This profound political revolution had had its effect upon party organizations. The old Whig party, after its crushing National defeat in 1$C2, had disappeared from the National arena. A new party organization sprang into exist ence opposing the slavery extension in the territories, while a division sprang up In the Democratic party In the struggle over Kansas, a large section of the Northern Democrats following Senator Douglas In his demand for popular sovereignty In the territories, so that the issue of slavery should be determined In the territories by vote of the p?ople therein. When the bill for the admission of Oregon was pre sented in the second session of the Thirty fourth Congress in 1SS9. Senator Douglas had just returned to the Senate from his successful campaign for re-election in Illinois, where he had been defeated In the popular election by Abraham Lincoln, who had thus risen into National prom inence as the leader of the new antl-slav-erv opinion of the country. y In this complex and Inflamed condition of National politics. Oregon made Its Ap plication for admission as a state in w-9. As slaverv had been excluded in its orig inal organization, as a territory, so H'as excluded In its State Constitution. This Constitution also contained clauses. Arti cle 1. Section 35. and Article 2. Section 6. which have since been nullified by the Fourteenth Amendment to the Constitu tion of the United 'States (and which I Understand have never been enforced, and in fact have been repealed!, not only ex cluding free negroes and mulattos from voting, but also from making contracts or living in the state. In the popular vote upon the Constitu tion these clauses prohibiting slavery, and excluding free negroes, were sepa rately voted upon. Thus, on the slavery question, there were 2M3 for slavery and 7727 against slavery, while upon the ex clusion of free negroes there were SOW in favor of the prohibition and 10!7 against: and upon the adoption of tha Constitution, the ayes wero 71Hj and th noes 319.".. It was thus clearly Indicated that the opposition to slavery was maln-lv- economic reasons; that Is, It was deemed unsuited to the climate and in dustries of the state, while the feeling of opposition to negroes was then held in common with the other free states of the Northwest, though It is said t.iat some voted for the exclusion clause as a concession to the strong pro-slavery senti ment. The slavery question as a National issue now came to the front on this question of the admission of Oregon, as it had on the question of Its territorial organiza tion 10 years before. But the far-reaching changes of the Intervening period had so complicated the existing party politics, that although Oregon applied for admis sion as a free state, the opposition in Congress to her admission came mainly from the anti-slavery and not from tho pro-slavery members. It Is true that an other free stato added to the Union, mak ing tho number 18 to 15, still more ef fectively destroyed the equilibrium be tween the free and slave states, which had been lost by the admission of Cali fornia, followed by Minnesota: and it was seen that the admission of Kansas could not be long deferred. No slave state had been admitted since Texas. In 1S48. and the march of events had shown that it was improbable that any new slave state could bo created. In the ad mission of Texas it hud been provided ns a concession to the pro-slavery demands that three new states could be made out of that territory, but the sentiment of state pride ' has made it impossible to carry this into effect, and no serious at tempt was made to take advantage of It during the period of slavery acilntlon. So Hopeless, therefore, had oecoinc tlie.strug gle. against the increasing predominance of the free states, that any opposition to the admission of Oregon an a free state seems to have been overborne by the then controlling political conditions. It was known In I'M, when the bill for the admission of Oregon was ponding, that the state in existing party divisions, was aligned with the administration wing of the Democratic party. Two Demo cratic Senators had been elected, one of them General Joseph Tne, who had been Governor of the territory. The' S4th Con gress, then holding its second session, had been elected In 1S.W. and was Democratic in both Senate and House. The division between Senator Douglas and the admin istration and the growth of tho Repub lican partv, had resulted in very material gains for" the latter In the election of Congressmen in 18.A so that there was doubt as to the ixdltiral control of the next House of Representatives. The approaching Presidential election of 1800 furnished another controlling po litical consideration. In the then not im probable contingency Of the election of the next President devolving upon Con gress on account of tho failure or either partv to secure a majority In the electoral college, the vote of Oregon would equal that of New York or any other stale, both in the vote In the House for Presi dent and in the Senate for Vice-President. The opposition to the admission was mainly from the anti-slavery sources, and was based chiefly on the ground of the discrimination against the negroes and the alleged Insufficiency of popu lation The vote on the admission was somewhat on party lines; 114 to 10S in the House and 35 to 17 in the Senate. The anti-slavery view 'of the constitu tion of Oregon Is found in the work of ex-Viee-President Henry Wilson, "The History of the Rlso and Fall of the Slavs i 1 1 .i anvs: j i i . . . . In 18" Oreiton framed a constitution and F anolled for admission to fie l.'nion. Thoim-li f the constitution waa in form frt-c. it was thoroushly imbued with the spirit ol iiaverv and though four-dftlis of the votei V cast were for the rejection of slavery, there were some seven-eighths for the ar ticle excluding entirely people of color. Ai their leaders were mainly pro-slavery men, it is prohable that the reason why they excluded slaverv from the constitution wai their fear of defeat in their application lor admission. While it is true that the sympathies of the people of Oregon were then lare-clv with the Sou til. tho conclusion is unwarranted that the prohibition of slaverv was inserted for the purpose! of securing admission. Slavery was ex cluded in Oregon as it was In Callfor- (.Cancludcd on I'age 6 ) X fx