The Provisional Legislature of Oregon was the single-chamber legislative body of 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 ...

. It served 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 ...

of the

Pacific Northwest The Pacific Northwest (sometimes Cascadia, or simply abbreviated as 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 ...

of North America from 1843 until early 1849 at a time when no country had sovereignty over the region. This democratically elected legislature became the

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 Representati ...

when the territorial authorities arrived after the creation of 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 ...

by the United States in 1848. The body was first termed the Legislative Committee and later renamed the House of Representatives. Over the course of its six-year history the legislature passed laws, including taxation and liquor regulation, and created an army to deal with conflicts with Native Americans. Many of the legislators would become prominent figures during the territorial years of Oregon. At first the body was a small committee of nine people, but the group was altered when 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 revised in 1845 with the legislative branch of the Provisional Government becoming the Oregon House of Representatives with a minimum of 13 members. Once the government was dissolved in 1849, all the laws remained in effect, except for the one that authorized the minting of coins. Territorial 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. ...

nullified that law, because it was in conflict with Article I, Section 8 of 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, in 1789. Originally comprising seven ar ...

, giving Congress the sole right to coin money, thus ending production of the Beaver Coins.

Background

On May 2, 1843, by a vote of 52 to 50, the

European American European Americans (also referred to as Euro-Americans) are Americans of European ancestry. This term includes people who are descended from the first European settlers in the United States as well as people who are descended from more recent Eu ...

settler A settler is a person who has human migration, migrated to an area and established a permanent residence there, often to colonize the area. A settler who migrates to an area previously uninhabited or sparsely inhabited may be described as a ...

s of the Oregon Country (mainly those from 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, ...

), created a provisional government 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 ...

.Corning, Howard M. ''Dictionary of Oregon History''. Binfords & Mort Publishing, 1956. In May and June, a nine-person committee met in Oregon City and drafted the Organic Laws of Oregon as a pseudo-constitution that was subsequently ratified on July 5, 1843. Gray, William H. ''A History of Oregon'', 1792–1849, Drawn from personal observation and authentic information. Harris & Holman: Portland, OR. 1870. This document created the government and authorized a provisional legislature of nine people.

1843

On May 16, the nine-person committee of

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 Moore, William H. Gray, William P. Dougherty, 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 ...

, Thomas J. Hubbard, Robert Newell, and

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 ...

met for three days to draft laws. The group met again for two days starting on June 16, with

George LeBreton George W. LeBreton (1810 – March 4, 1844) was a pioneer politician in the Oregon Country and served as the official recorder in the Provisional Government of Oregon. Early life LeBreton was born in 1810 in Massachusetts.

serving as the recorder and Moore as the chairman for both sets of meetings. The laws drafted became the Organic Laws of Oregon and were ratified on July 5. Committees on land claims, appropriations, military, the judiciary, and districting were also formed at that meeting. 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 ...

.Oregon Legislative Assembly History.
Oregon State Archives. Retrieved on February 17, 2012. The document outlined the

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 its powers, vested in a

unicameral Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature, which consists of one house or assembly, that legislates and votes as one. Unicameral legislatures exist when there is no widely perceived need for multic ...

or single body. At that time the title of the legislature was the Legislative Committee and it consisted of nine elected representatives apportioned by population to the four established districts (which later became counties). The Organic Laws required the legislature to meet in June and December of each year.

1844

The first meeting of the 1844 legislature took place June 18 at the home of Felix Hathaway in Oregon City.Oregon Legislative Assembly (3rd Pre-Provisional) 1844 Meetings.
Oregon State Archives. Retrieved on November 9, 2007.Bancroft, Hubert Howe, and

Frances Auretta Fuller Barrett 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 ...

(1886)
''History of Oregon''.
San Francisco: History Co, Vol. 29, p. 428. This session lasted until June 27, and another session was held from December 16 to 21 at the residence of

John E. Long John is a common English name and surname: * John (given name) * John (surname) John may also refer to: New Testament Works * Gospel of John, a title often shortened to John * First Epistle of John, often shortened to 1 John * Second ...

, also in Oregon City. At the December meeting,

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 ...

members Peter G. Stewart and

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 Bowdoinh ...

presented a message to the group regarding the opposing claims of the United States and

Great Britain Great Britain is an island in the North Atlantic Ocean off the northwest coast of continental Europe. With an area of , it is the largest of the British Isles, the largest European island and the ninth-largest island in the world. It is ...

. Among the laws passed during the 1844 session was the "Lash Law", which banned

Blacks Black is a racialized classification of people, usually a political and skin color-based category for specific populations with a mid to dark brown complexion. Not all people considered "black" have dark skin; in certain countries, often in ...

from living in the territory with violators subject to 20–39 lashes across the back every six months, until the person left the region.

Members

Members of the legislature and the districts they represented (McCarver served as the speaker of the body with John E. Long as the recorder): * Thomas D. Keizur, Champoeg * Robert Newell, Champoeg * Daniel Waldo, Champoeg * Asa L. Lovejoy, Clackamas *

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 ...

, Tuality * Samuel M. Gilmore, Tuality *David Hill, Tuality *

Morton M. McCarver "General" Morton Matthew McCarver (January 14, 1807 – April 17, 1875) was an American politician and pioneer in the West. A native of Kentucky, he helped found cities in Iowa, Oregon, and Washington while also involved in the early governmen ...

, Tuality

1845

The 1845 legislature met three different times, under two different structures. First, from June 24 to July 5, 1845, the legislature met in Oregon City, first at the home of John E. Long and then the home of Theophilus R. Magruder, with Morton M. McCarver serving as the speaker of the group.Oregon Legislative Assembly (4th Pre-Provisional) 1845 Meetings.
Oregon State Archives. Retrieved on November 9, 2007. After this, the Organic Laws were replaced with the Organic Act of 1845, which altered the legislature in several ways. First the number of representatives was increased to include a minimum of 13 and a maximum of 61. Second, the name was changed to the House of Representatives. All members of the body were to be elected by popular vote with vacancies filled using special elections. The body also received new powers to

impeach Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In ...

any civil official by a 3/4ths vote, apportion the legislators among the districts, create post offices, levy taxes, declare war, organize and call out the militia, create lower courts, pass laws concerning the general welfare of the region, regulate trade with the Native Americans, regulate liquor sale and manufacture, and regulate the police power of the government, among other powers. Meetings continued to be in June and December. Joseph L

With these changes, a special session of the legislature met August 5 until August 20 in Oregon City. On August 11, 1845 at the introduction of

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 body passed a law against dueling within a half hour that Governor Abernethy also signed within 30 minutes of the bill's introduction. A new legislature met beginning on December 2, with Robert Newell serving as the speaker of the body through December 10 and Henry A. G. Lee assuming the post until the conclusion of the session on December 19.Oregon Legislative Assembly (1st Provisional) 1845 Regular Session.
Oregon State Archives. Retrieved on November 9, 2007. Polk District was created during the session, with the bill passed on December 19. John E. Long served as the recorder and Theophilus R. Magruder as the sergeant at arms for the group. The same people who served in the summer session also served in the December session. These sessions of the legislature designated Oregon City as the official

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 ...

and introduced income and property taxes that replaced an 1843 subscription program used to finance the government's activities.History of Oregon.
William Henry Gray. 1880. pg. 378 Other business included a ban on hard liquor, the incorporation of Oregon City, approval for the

Barlow Road The Barlow Road (at inception, Mount Hood Road) is a historic road in what is now the U.S. state of Oregon. It was built in 1846 by Sam Barlow and Philip Foster, with authorization of the Provisional Legislature of Oregon, and served as the la ...

around

Mount Hood Mount Hood is a potentially active stratovolcano in the Cascade Volcanic Arc. It was formed by a subduction zone on the Pacific coast and rests in the Pacific Northwest region of the United States. It is located about east-southeast of Portlan ...

, incorporation of the Multnomah Circulating Library, and incorporation of 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 ...

. At the meetings John E. Long served as the recorder,

Frederick Prigg Frederick may refer to: People * Frederick (given name), the name Nobility Anhalt-Harzgerode * Frederick, Prince of Anhalt-Harzgerode (1613–1670) Austria * Frederick I, Duke of Austria (Babenberg), Duke of Austria from 1195 to 1198 * Frederic ...

as the clerk, a Mr. Shaw as the

sergeant at arms Sergeant (abbreviated to Sgt. and capitalized when used as a named person's title) is a rank in many uniformed organizations, principally military and policing forces. The alternative spelling, ''serjeant'', is used in The Rifles and other uni ...

, and two people as chaplains.

Members

Members of the legislature and the districts they represented: * Medard Godard Foisy, Champoeg * Joseph M. Garrison, Champoeg * Barton Lee, Champoeg *Robert Newell, Champoeg *William H. Gray, Clackamas * Henry A. G. Lee, Clackamas * Hiram Straight, Clackamas * John McClure, Clatsop *David Hill, Tuality *Morton M. McCarver, Tuality * Isaac W. Smith, Tuality *

, Yamhill * Abijah Hendricks, Yamhill

1846

After hearing the news that the United States had informed Britain it would be ending its obligations under the

Treaty of 1818 The Convention respecting fisheries, boundary and the restoration of slaves, also known as the London Convention, Anglo-American Convention of 1818, Convention of 1818, or simply the Treaty of 1818, is an international treaty signed in 1818 betw ...

and looking for a division of the

, the legislature scaled back its agenda. One piece of legislation passed was a

pilotage Piloting or pilotage is the process of navigating on water or in the air using fixed points of reference on the sea or on land, usually with reference to a nautical chart or aeronautical chart to obtain a fix of the position of the vessel or air ...

law that set standards and licensed boat pilots at the mouth of the Columbia River. The 1846 legislature met in the home of Henry Montgomery Knighton in Oregon City from December 1 through 19, with Asa Lovejoy serving as the speaker and leader.Oregon Legislative Assembly (2nd Provisional) 1846 Regular Session
, Oregon State Archives. Retrieved on November 9, 2007. Noah Huber served as a clerk and Knighton as sergeant at arms.

Members

Members of the legislature and the districts they represented: * Aaron Chamberlain, Champoeg * Jesse Looney, Champoeg * Angus McDonald, Champoeg *Robert Newell, Champoeg *Asa L. Lovejoy, Clackamas *Hiram Straight, Clackamas * William G. T'Vault, Clackamas * George Summers, Clatsop * William F. Tolmie, Lewis * John D. Boon, Polk * James E. Williams, Polk * Lawrence Hall, Tuality * Daniel H. Lownsdale, Tuality *

Joseph L. Meek Joseph Lafayette "Joe" Meek (February 9, 1810 – June 20, 1875) was a pioneer, mountain man, law enforcement official, and politician in the Oregon Country and later Oregon Territory of the United States. A trapper involved in the fur trade b ...

, Tuality * Henry N. Peers, Vancouver * Absalom J. Hembree, Yamhill * Thomas Jeffreys, Yamhill

1847

In 1847 the legislature met from December 7 to 28 at the Methodist Church in Oregon City.Oregon Legislative Assembly (3rd Provisional) 1847 Regular Session.
Oregon State Archives. Retrieved on November 9, 2007. On the second day of this meeting at Main and Seventh streets, news of the

Whitman massacre The Whitman massacre (also known as the Walla Walla massacre and referred to as the Tragedy at Waiilatpu by the National Park Service) was the killing of the Washington missionaries Marcus Whitman and his wife Narcissa, along with eleven others ...

, which occurred on November 29, 1847, was delivered to the legislature by Governor Abernethy. This event would dominate the remainder of the session as the Provisional Government worked with the

Hudson's Bay Company The Hudson's Bay Company (HBC; french: Compagnie de la Baie d'Hudson) is a Canadian retail business group. A fur trading business for much of its existence, HBC now owns and operates retail stores in Canada. The company's namesake business div ...

to send an army east to

Walla Walla Walla Walla can refer to: * Walla Walla people, a Native American tribe after which the county and city of Walla Walla, Washington, are named * Place of many rocks in the Australian Aboriginal Wiradjuri language, the origin of the name of the town ...

. Forty-two men under the command of Henry A. G. Lee were sent immediately to

The Dalles The Dalles is the largest city of Wasco County, Oregon, United States. The population was 16,010 at the 2020 census, and it is the largest city on the Oregon side of the Columbia River between the Portland Metropolitan Area, and Hermiston ...

in what was the beginning of the

Cayuse War The Cayuse War was an armed conflict that took place in the Northwestern United States from 1847 to 1855 between the Cayuse people of the region and the United States Government and local American settlers. Caused in part by the influx of disease ...

. A large force 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 ...

was then organized and sent to punish those responsible for the massacre.Horner, John B. (1921). "Oregon: Her History, Her Great Men, Her Literature". The J.K. Gill Co.: Portland. On December 23, the group created Benton District out of the southern section of Polk District, naming the new district for Missouri Senator Thomas Hart Benton. In the legislature, Robert Newell was chosen as the speaker of the group with Calvin W. Cook as clerk.

Members

Members of the legislature and the districts they represented: *Aaron Chamberlain, Champoeg * Anderson Cox, Champoeg *Robert Newell, Champoeg * William H. Rector, Champoeg * Willard Hall Rees, Champoeg * Medorem Crawford, Clackamas * Jacob M. Wair, Clackamas * Samuel Simpson White, Clackamas * John Robinson, Clatsop * Simon Plamondon, Lewis * Marcus Aurelius Ford, Polk *

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 ...

, Polk *David Hill, Tuality *Joseph L. Meek, Tuality * Ralph Wilcox, Tuality * Henry W. Peers, Vancouver *Absalom J. Hembree, Yamhill * Levi A. Rice, Yamhill * Lewis Franklin Rogers, Yamhill

Final sessions

The Provisional Legislature met for two sessions in late 1848 and early 1849.Oregon Legislative Assembly (4th Provisional) 1848–1849 Regular Session.
Oregon State Archives. Retrieved on November 9, 2007. The first session, from December 5 to December 13, never formally organized as so many of the representatives had traveled south for the

California Gold Rush The California Gold Rush (1848–1855) was a gold rush that began on January 24, 1848, when gold was found by James W. Marshall at Sutter's Mill in Coloma, California. The news of gold brought approximately 300,000 people to California fro ...

. Beginning on February 5, a session was organized that conducted the final business of the Provisional Government. The session lasted until February 16. During this session a law forbidding the sale of firearms and supplies to Native Americans was repealed, and a law was passed to authorize the minting of gold coins. The law concerning the coins allowed for the creation of the Beaver Coins, which had a higher gold content than United States minted coins. Less than a month later, when the new territorial governor

arrived, however, he rescinded the law as unconstitutional and the coins were collected and removed from circulation. For the legislative session Ralph Wilcox was chosen as speaker, but he resigned from the post. Stephen Meek served as the doorkeeper, William G. T’Vault as a clerk, and

William Holmes William is a male given name of Germanic origin.Hanks, Hardcastle and Hodges, ''Oxford Dictionary of First Names'', Oxford University Press, 2nd edition, , p. 276. It became very popular in the English language after the Norman conquest of Engl ...

as sergeant at arms.

Members

Members of the legislature and the districts they represented: * Joseph C. Avery, Benton *

William J. Bailey William J. Bailey (January 13, 1807 – February 5, 1876) was a British-born physician who migrated to the United States, where he became a pioneer and politician in the Oregon Country, particularly the Willamette Valley. Bailey participated in the ...

, Champoeg * Albert Gaines (disqualified), Champoeg *Robert Newell (resigned), Champoeg * Samuel Parker, Champoeg * William Porter, Champoeg *Medorem Crawford, Clackamas * George L. Curry,''Oregon Blue Book''
Oregon Secretary of State Agency History, page 12. Retrieved on April 28, 2021. Clackamas * Absalom F. Hedges, Clackamas * John L. Snook (resigned), Clackamas *

John Hudson John is a common English name and surname: * John (given name) * John (surname) John may also refer to: New Testament Works * Gospel of John, a title often shortened to John * First Epistle of John, often shortened to 1 John * Second ...

, Clatsop * Levi L. Smith, Lewis *Anderson Cox, Linn * Henry J. Peterson, Linn *Jesse Applegate, Polk *James W. Nesmith (resigned), Polk *

(resigned), Polk *Peter H. Burnett (resigned), Tuality *David Hill, Tuality *Ralph Wilcox, Tuality *

Samuel Thurston Samuel Royal Thurston (April 15, 1816 – April 9, 1851) was an American pioneer, lawyer and politician. He was the first delegate from the Oregon Territory to the United States Congress and was instrumental in the passage of the Donation Land Cla ...

, Tuality * Adolphus L. Lewis, Vancouver *Asa L. Lovejoy (resigned), Vancouver *Absalom J. Hembree, Yamhill * William J. Martin, Yamhill *Levi A. Rice, Yamhill

Oregon Territory

On June 15, 1846, the

Oregon Treaty The Oregon Treaty is 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 t ...

was signed with Great Britain, which settled the dispute over sovereignty of the Oregon Country. On August 13, 1848, the

United States Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...

created the Oregon Territory out of the land between

California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...

and the 49th parallel (this served as the border with Britain's North American colonies) and west of 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 straight-line distance from the northernmost part of western Canada, to New Mexico in ...

. A new

bicameral Bicameralism is a type of legislature, one divided into two separate assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single grou ...

territorial legislature was created with an upper chamber Council and lower chamber House.Oregon Legislative Assembly (1st Territorial) 1849 Regular Session.
Oregon State Archives. Retrieved on November 9, 2007. These bodies met for the first time on July 16, 1849, with some members of the provisional legislature continuing into the new government, including David Hill, Asa Lovejoy, Samuel Parker, and Absalom J. Hembree. Upon statehood in 1859, the territorial legislature would be transformed into the

Oregon Legislative Assembly The Oregon Legislative Assembly is the state legislature for the U.S. state of Oregon. The Legislative Assembly is bicameral, consisting of an upper and lower house: the Senate, whose 30 members are elected to serve four-year terms; and the Ho ...

References

{{good article Provisional Government of Oregon 1843 establishments in Oregon Country 1849 disestablishments in the United States Oregon legislative sessions