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 The Willamette Valley ( ) is a long 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, ...

. These laws were drafted after 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 held ...

and created the structure of a government in the

Oregon Country Oregon Country was a large region of the Pacific Northwest of North America that was subject to a long dispute between the United Kingdom and the United States in the early 19th century. The area, which had been created by the Treaty of 1818, co ...

. At the last Champoeg Meeting in May 1843, the majority voted to create what became the

Provisional Government of Oregon The Provisional Government of Oregon was a popularly elected settler government created in the Oregon Country, in the Pacific Northwest region of North America. Its formation had been advanced at the Champoeg Meetings since February 17, 1841, a ...

. Laws were drafted by the committee and accepted by a popular vote in July. These laws were reformed by a second version in 1845. The Organic Laws were based on the laws of

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 remaind ...

and compartmentalized the government into three branches consisting of an executive branch, a

legislative branch A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known as ...

, and a judiciary. Once the

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 Union as the State of Oregon. Ori ...

was formed in 1848, the territorial government took control of the laws and invalidated only one provision of the Organic Laws. On February 14, 1859,

Oregon Oregon () is a U.S. state, state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington (state), Washington, while the Snake River delineates much of it ...

became a state and the

Oregon Constitution The Oregon Constitution is the governing document of the U.S. state of Oregon, originally enacted in 1857. As amended the current state constitution contains eighteen sections, beginning with a bill of rights.

became the legal framework for the state.

Background

In 1841 a series of meetings were held at

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 the W ...

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. It was named for some of the earliest settlers of that part of the Oregon Country, Fr ...

in the

. The first meetings were held in part as a response to the death of Ewing Young who had died without a

will Will may refer to: Common meanings * Will and testament, instructions for the disposition of one's property after death * Will (philosophy), or willpower * Will (sociology) * Will, volition (psychology) * Will, a modal verb - see Shall and will ...

.Horner, John B
''Oregon: Her History, Her Great Men, Her Literature.''
Portland: The J.K. Gill Co. 1919 In February 1841 a

probate Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the sta ...

judge was appointed along with a few other positions, but no further movement towards a government occurred. On February 2, 1843, a new series of meetings began with a gathering at the

Oregon Institute The Oregon Institute was an American school located in the Willamette Valley of the Oregon Country during the 19th century. Begun in 1842, it was the first school built for European Americans west of Missouri. Founded by members of the Methodist M ...

in what is now Salem to discuss problems with predatory animals attacking livestock. An assembly with Americans and French-Canadian men, numbering less than 150, Bancroft, Hubert and

Frances Fuller Victor Frances Auretta Fuller (Barritt) Victor (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 regional and nati ...

''History of Oregon''
San Francisco: History Co., 1890 was held at Champoeg on 2 May 1843. Measures presented to form a government were tabled, though no record exists of the subsequent voting. The first vote held rejected the presented report due to the inclusion of a governor. A succession of votes were then held for each individual article put forth.Loewenberg, Robert J. ''"Creating a Provisional Government in Oregon: A Revision."'' The Pacific Northwest Quarterly 68, No. 1 (1977), pp. 20–22 William H. Gray states that the tally was 52 in favor of the measures and 50 against them. Another witness, Robert Newell, agrees that 50 men were against the formation, but 55 voted the legislation. According to Newell, the five tie breakers were all French-Canadians, while Gray's account labels the two tie breakers as Americans. Regardless of exact figures of those supporting the presented laws, these votes are held to have created the Provisional Government of Oregon.

First Organic Laws

With the formation of the Provisional Government, a committee of nine individuals were elected to frame the laws of the government. Gray, William H.br>''A History of Oregon, 1792–1849, Drawn from personal observation and authentic information.''
Portland, OR: Harris & Holman. 1870. 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'' ( non, Hróðr) "fame, glory, honou ...

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 James A. O’Neil (January 26, 1800 – September 1, 1874) was an American businessman and politician in the Oregon Country and later Oregon Territory. A New York native, he took part in the Champoeg Meetings and helped form the Provisional G ...

, Robert Newell, 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

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 Con ...

, creating the ''

de facto ''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with ''de jure'' ("by la ...

'' 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. In the preamble this "temporary government" was intended to exist "until such time as the United States of America extend their jurisdiction over us." The articles of the first Section were from the 14th section of the

Northwest Ordinance 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 ...

, with minor modifications.''The Organic Act'' in Grover, Lafayette
''The Oregon Archives.''
Salem: A. Bush. 1853, pp. 26–35 The first three articles were identical to the Ordinance, outside of a change related to relations with Indigenous peoples. Wars against the natives were to be commenced by "representatives of the people" instead of the Congress. The fourth and final article was from the sixth article of the Ordinance, banning

slavery Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...

outside use as a punishment. The portion of the sixth article related to restitution of runaways to slave states was not included in the Organic Laws. Section II had eighteen articles, dealing mainly with the structure of the Provisional Government. Articles 1 through 4 covered the elections of officers, with suffrage restricted to "every free male descendant of a white man", therefore allowing participation by interested

French-Canadian French Canadians (referred to as Canadiens mainly before the twentieth century; french: Canadiens français, ; feminine form: , ), or Franco-Canadians (french: Franco-Canadiens), refers to either an ethnic group who trace their ancestry to Fr ...

s or their

Métis The Métis ( ; Canadian ) are Indigenous peoples who inhabit Canada's three Prairie Provinces, as well as parts of British Columbia, the Northwest Territories, and the Northern United States. They have a shared history and culture which derives ...

children. Articles 5 through 7 created the three bodies of government, the three member

Executive Committee A committee or commission is a body of one or more persons subordinate to a deliberative assembly. A committee is not itself considered to be a form of assembly. Usually, the assembly sends matters into a committee as a way to explore them more ...

, the

Legislative Committee A committee or commission is a body of one or more persons subordinate to a deliberative assembly. A committee is not itself considered to be a form of assembly. Usually, the assembly sends matters into a committee as a way to explore them more ...

and a

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 ...

. Articles 8 through 11 establish and define the offices of Recorder (later the Secretary of State) and

Treasurer A treasurer is the person responsible for running the treasury of an organization. The significant core functions of a corporate treasurer include cash and liquidity management, risk management, and corporate finance. Government The treasury o ...

and 12 through 15 outlined what laws of Iowa were adopted. Article 16 regulated the Supreme Court sessions with two sessions held annually. Article 17 detailed the system of marriage, with parental consent required for participants under 21, women having to be at least 14 years old and men 16. It cost $1 to marry and 50¢ to record the marriage. The laws also divided the region into four districts, called for a subscription of settlers to pay for the government, and named the region Oregon Territory. Lastly a militia was authorised to consist of one

battalion A battalion is a military unit, typically consisting of 300 to 1,200 soldiers commanded by a lieutenant colonel, and subdivided into a number of companies (usually each commanded by a major or a captain). In some countries, battalions are ...

with control of the military under the

Land claims

The Organic Laws authorised a maximum of to be claimed by male pioneers. This size was from legislation created by American Senator Linn in 1842, allowing "any white male" to take as much land in the Oregon Country.Shippee, Lester B
''"The Federal Relations of Oregon—III."''
The Quarterly of the Oregon Historical Society 19, No. 4 (1918), pp. 283–305 Rejected in 1843, it was the basis for the later

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-Preem ...

.Bergquist, James M. ''"The Oregon Donation Act and the National Land Policy.''" Oregon Historical Quarterly 58, No. 1 (1957), pp. 17–35 The Provisional Government allowed one land patent per male settler, and required "permanent improvements" within six months of recording the claim. The original fourth article allowed six times as much land for "missions of a religious character" per claim, or . Intertwined with this legislation was an ongoing dispute between Methodist missionary Alvin Waller and 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 fro ...

of the British

Columbia District The Columbia District was a fur trading 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, polar and cold ...

over rights to

Willamette Falls The Willamette Falls is a natural waterfall on the Willamette River between Oregon City and West Linn, Oregon, in the United States. It is the largest waterfall in the Northwestern United States by volume, and the seventeenth widest in the wor ...

.Clark, Robert C.
"How British and American Subjects Unite in a Common Government for Oregon Territory in 1844."''
The Quarterly of the Oregon Historical Society 13, No. 2 (1912), pp. 140–159'' The fourth article was controversial with American immigrants who arrived in 1843 and 1844, upset at how much land missionaries could occupy, and was subsequently repealed in 1844.

Second Organic Laws

The American immigrants who arrived in 1843 and 1844 were unsatisfied with the laws.Shippee, Lester B
''"The Federal Relations of Oregon—VII."''
The Quarterly of the Oregon Historical Society 20, No. 4 (1919), pp. 345–395 The second legislative committee, the majority of its members having arrived the previous year,Bradley, Mari M
''Political Beginnings in Oregon. The Period of the Provisional Government, 1839–1849.
The Quarterly of the Oregon Historical Society 9, No. 1 (1908), pp. 42–72 ruled the laws were statutory and thus could be repealed or revoked at the discretion of the assembly. In an address sent from the Executive Committee to the Legislature in June 1844 it was recommended for "a more thorough organization" to be established.Holman, Frederick V
"''A brief history of the Oregon Provisional Government and what caused its formation.''"
The Quarterly of the Oregon Historical Society 13, No. 2 (1912) pp. 89–139 They advised the creation of an executive branch with only one

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

. The legislature passed a bill that dissolved the Executive Committee, and announced an election for governor to be held on 3 June 1845. Led by

Jesse Applegate Jesse Applegate (July 5, 1811 – April 22, 1888) was an American pioneer who led a large group of settlers along the Oregon Trail to the Oregon Country. He was an influential member of the early government of Oregon, and helped establish the ...

, the legislature of 1845 was elected in May. The actions of the previous assembly were held to be illegal as "the people had not yet resigned the law-making power." Applegate supported minimal modifications of the first Organic Laws, which including most of the laws passed in 1844. The modified laws were held to need the approval of the citizens to enact the changes. On July 26, 1845 a public vote passed the amended Organic Laws of Oregon. One change was that the Legislative Committee was replaced by a House of Representatives; initially with 13 members and permitted to have up to 61 legislators. The House had the authority to change the laws by vote, without a need to submit changes to a popular vote of the people.

Aftermath

Upon the assumption of territorial power by Governor

Joseph Lane Joseph "Joe" 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. P ...

in 1849, he approved the Organic Laws as the basis of law in the

.Stealing the Capital
End of the Oregon Trail Interpretive Center. Retrieved on September 17, 2014. These laws would play a part in the determination of where the

capital Capital may refer to: Common uses * Capital city, a municipality of primary status ** List of national capital cities * Capital letter, an upper-case letter Economics and social sciences * Capital (economics), the durable produced goods used f ...

would be located. The

Oregon Constitutional Convention The Oregon Constitutional Convention in 1857 drafted the Oregon Constitution in preparation for the Oregon Territory to become a U.S. state. Held from mid-August through September, 60 men met in Salem, Oregon, and created the foundation for Oregon ...

in 1857 created a new Constitution that was passed by the people of Oregon on November 9, 1857, and became effective upon statehood on February 14, 1859, usurping the Organic Laws of Oregon.Corning, Howard M. ''Dictionary of Oregon History''. Binfords & Mort Publishing, 1956, p. 60

References

External links

Recollections of an Old Pioneer

Peter H. Burnett Peter Hardeman Burnett (November 15, 1807May 17, 1895) was an American politician who served as the first elected California interim government, 1846–1850#Interim governors, Governor of California from December 20, 1849, to January 9, 1851. Bur ...

autobiography. Page 193 refutes statements by William H. Gray, and page 195 begins a section on Burnett's recollections of the organic laws. {{Oregon Pioneer History Provisional Government of Oregon Champoeg Meetings Oregon law 1843 in law 1845 in law 1849 in law 1843 in Oregon Country