James W. Nesmith
Encyclopedia
James Willis Nesmith was an American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 politician and lawyer from Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...

. Born in Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

 to American parents, he grew up in New Hampshire
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...

 and Maine
Maine
Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...

. A Democrat, he moved to Oregon Country
Oregon Country
The Oregon Country was a predominantly American term referring to a disputed ownership region of the Pacific Northwest of North America. The region was occupied by British and French Canadian fur traders from before 1810, and American settlers from the mid-1830s, with its coastal areas north from...

 in 1843 where he entered politics as a judge, a legislator in the Provisional Government of Oregon
Provisional Government of Oregon
The Provisional Government of Oregon was a popularly elected government created in the Oregon Country, in the Pacific Northwest region of North America. It existed from May 2, 1843 until March 3, 1849. Created at a time when no country had sovereignty over the region, this independent government...

, a United States Marshal, and after statehood a United States Senator and Representative
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...

. Nesmith’s grandson, Clifton N. McArthur
Clifton N. McArthur
Clifton Nesmith McArthur was a U.S. Representative from Oregon, and grandson of Senator James Willis Nesmith. His father was a member of the Oregon Supreme Court, and Clifton twice served as Speaker of the Oregon House of Representatives.-Early life:McArthur was born in The Dalles, Oregon on June...

, and son-in-law, Levi Ankeny
Levi Ankeny
Levi Ankeny was a Republican United States Senator from the state of Washington.He was born in Buchanan County, Missouri near St. Joseph, but crossed the plains to Oregon in 1850 with his parents and settled in Portland...

, both later served in Congress.

Early years

James Nesmith was born in New Brunswick
New Brunswick
New Brunswick is one of Canada's three Maritime provinces and is the only province in the federation that is constitutionally bilingual . The provincial capital is Fredericton and Saint John is the most populous city. Greater Moncton is the largest Census Metropolitan Area...

, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

 while his parents were on a visit from their home in Washington County, Maine
Washington County, Maine
Washington County is a county located in the U.S. state of Maine. In 2010, its population was 32,856. Its county seat is Machias.Sometimes referred to as "Sunrise County" because it is the easternmost county in the United States, and it is often where the rising sun first shines on the 48...

, on July 23, 1820. Of Scottish and Irish heritage, his father was William Morrison Nesmith and his mother the former Harriet Miller. About 1828, James and his father moved to Claremont, New Hampshire
Claremont, New Hampshire
There were 5,685 households out of which 27.4% had children under the age of 18 living with them, 45.5% were married couples living together, 10.3% had a female householder with no husband present, and 39.7% were non-families. 32.2% of all households were made up of individuals and 14.7% had...

, where he received a limited education. In 1838, Nesmith moved to Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...

, followed by Iowa
Iowa
Iowa is a state located in the Midwestern United States, an area often referred to as the "American Heartland". It derives its name from the Ioway people, one of the many American Indian tribes that occupied the state at the time of European exploration. Iowa was a part of the French colony of New...

 in 1842 where he waited to immigrate to Oregon Country. Nesmith planned on traveling the Oregon Trail
Oregon Trail
The Oregon Trail is a historic east-west wagon route that connected the Missouri River to valleys in Oregon and locations in between.After 1840 steam-powered riverboats and steamboats traversing up and down the Ohio, Mississippi and Missouri rivers sped settlement and development in the flat...

 with Elijah White
Elijah White
Dr. Elijah White was a missionary and agent for the United States government in Oregon Country during the mid-19th century. A trained physician from New York State, he first traveled to Oregon as part of the Methodist Mission in the Willamette Valley...

 in 1842, but was late to arrive and instead left the next spring with Marcus Whitman
Marcus Whitman
Marcus Whitman was an American physician and Oregon missionary in the Oregon Country. Along with his wife Narcissa Whitman he started a mission in what is now southeastern Washington state in 1836, which would later become a stop along the Oregon Trail...

 after working as a carpenter in the interim at Fort Scott in Kansas
Kansas
Kansas is a US state located in the Midwestern United States. It is named after the Kansas River which flows through it, which in turn was named after the Kansa Native American tribe, which inhabited the area. The tribe's name is often said to mean "people of the wind" or "people of the south...

.

Oregon

In 1843, Nesmith arrived in Oregon where he studied law and was admitted to the bar
Bar (law)
Bar in a legal context has three possible meanings: the division of a courtroom between its working and public areas; the process of qualifying to practice law; and the legal profession.-Courtroom division:...

 before being selected to serve as supreme judge of the Provisional Government of Oregon
Provisional Government of Oregon
The Provisional Government of Oregon was a popularly elected government created in the Oregon Country, in the Pacific Northwest region of North America. It existed from May 2, 1843 until March 3, 1849. Created at a time when no country had sovereignty over the region, this independent government...

 in 1845. He finished his term in 1846 and moved to Polk County
Polk County, Oregon
Polk County is a county located in the U.S. state of Oregon. The county is named for James Knox Polk, the 11th president of the United States. In 2010, its population was 75,403. The seat of the county is Dallas....

 where he took a land claim, began farming, and married Pauline Goff on June 21, with whom he would have seven children. In 1847, he was elected to the Provisional Legislature of Oregon
Provisional Legislature of Oregon
The Provisional Legislature of Oregon was the single-chamber legislative body of the Provisional Government of Oregon. It served the Oregon Country of the Pacific Northwest of North America from 1843 until early 1849 at a time when no country had sovereignty over the region...

 from Polk County, and served briefly in the 1848 session before resigning.

Nesmith next served as a captain during the Cayuse War
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 Euro-American settlers...

 against Native Americans in Eastern Oregon
Eastern Oregon
Eastern Oregon is the eastern part of the U.S. state of Oregon. It is not an officially recognized geographic entity, thus the boundaries of the region vary according to context. It is sometimes understood to include only the eight easternmost counties in the state; in other contexts, it includes...

 from 1847 to 1848. When news of the California Gold Rush
California Gold Rush
The California Gold Rush began on January 24, 1848, when gold was found by James W. Marshall at Sutter's Mill in Coloma, California. The first to hear confirmed information of the gold rush were the people in Oregon, the Sandwich Islands , and Latin America, who were the first to start flocking to...

 reached the Willamette Valley
Willamette Valley
The Willamette Valley is the most populated region in the state of Oregon of the United States. Located in the state's northwest, the region is surrounded by tall mountain ranges to the east, west and south and the valley's floor is broad, flat and fertile because of Ice Age conditions...

 in 1848, he traveled south to the gold fields, remaining until 1849. In 1849, he returned to Polk County where he purchased a flour mill on Rickreall Creek
Rickreall Creek
Rickreall Creek is a stream in Polk County, Oregon, United States rising on Laurel Mountain in the Central Oregon Coast Range and draining into the Willamette River west of Salem at Eola. The creek passes through the city of Dallas and the unincorporated community of Rickreall...

 near the county seat of Dallas
Dallas, Oregon
The city of Dallas is the county seat of Polk County, Oregon, United States. The population was 14,583 at the 2010 census.Dallas is located on Rickreall Creek, approximately 15 miles west of Salem, at an altitude of 325 feet above sea level...

. There Nesmith engaged in agricultural pursuits in the community that was for a time named after him
Ellendale, Oregon
Ellendale is a ghost town in Polk County, Oregon, United States, about two and a half miles west of Dallas. It was the first White settlement in present-day Polk County. The community's name changed over the years, with the first post office in Polk County being opened in this locality as "O'Neils...

, as well as stock raising.

He again was a captain in the militia forces during the Rogue River War in 1853 and the Yakima Indian War in 1855. Between the two wars he was the United States Marshal for the Oregon Territory
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. Originally claimed by several countries , the region was...

, replacing Joseph Meek
Joseph Meek
Joseph Lafayette "Joe" Meek was a trapper, law enforcement official, and politician in the Oregon Country and later Oregon Territory of the United States. A pioneer involved in the fur trade before settling in the Tualatin Valley, Meek would play a prominent role at the Champoeg Meetings of 1843...

. From 1857 to 1859 he was the superintendent of Indian affairs
Oregon Superintendent of Indian Affairs
The Oregon Superintendent of Indian Affairs was an official position of the U.S. state of Oregon, and previously of the Oregon Territory, that existed from 1848–1873.-Background:...

 for Oregon
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. Originally claimed by several countries , the region was...

 and Washington
Washington Territory
The Territory of Washington was an organized incorporated territory of the United States that existed from February 8, 1853, until November 11, 1889, when the final extent of the territory was admitted to the Union as the State of Washington....

 Territories.

Congress

On February 14, 1859, Oregon entered the Union as the 33rd state. In 1860, the Oregon Legislative Assembly
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 House of Representatives, with 60 members elected to...

 elected Nesmith to the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...

. A Democrat, he served from March 4, 1861, to March 4, 1867, and was an unsuccessful candidate for re-election. While in the Senate, he was the only Democrat in that house to vote for the Thirteenth Amendment to the United States Constitution
Thirteenth Amendment to the United States Constitution
The Thirteenth Amendment to the United States Constitution officially abolished and continues to prohibit slavery and involuntary servitude, except as punishment for a crime. It was passed by the Senate on April 8, 1864, passed by the House on January 31, 1865, and adopted on December 6, 1865. On...

 to abolish slavery. After the Senate, he was appointed Minister to Austria
Austria-Hungary
Austria-Hungary , more formally known as the Kingdoms and Lands Represented in the Imperial Council and the Lands of the Holy Hungarian Crown of Saint Stephen, was a constitutional monarchic union between the crowns of the Austrian Empire and the Kingdom of Hungary in...

, but his nomination was not confirmed.

After returning to Rickreall, he served as road supervisor of Polk County in 1868. Nesmith was elected to the Forty-third Congress to fill the vacancy caused by the death of his cousin, Joseph G. Wilson
Joseph G. Wilson
Joseph Gardner Wilson was a U.S. Republican politician in the state of Oregon. A native of New Hampshire, he served as a state circuit court judge and as a justice on the Oregon Supreme Court, and was elected to the United States House of Representatives...

, and served from December 1, 1873, to March 4, 1875. He did not seek re-nomination in 1874 to the Forty-fourth Congress and returned to farming in Polk County.

Later years and family

In addition to his cousin Joseph Wilson, Nesmith's grandson, Clifton Nesmith McArthur, was also a United States Representatives from Oregon. Levi Ankeny
Levi Ankeny
Levi Ankeny was a Republican United States Senator from the state of Washington.He was born in Buchanan County, Missouri near St. Joseph, but crossed the plains to Oregon in 1850 with his parents and settled in Portland...

, Senator for Washington, was his son-in-law. James Willis Nesmith died in Rickreall, Oregon
Rickreall, Oregon
Rickreall is an unincorporated community in Polk County, Oregon, United States. For statistical purposes, the United States Census Bureau has defined Rickreall as a census-designated place . The census definition of the area may not precisely correspond to local understanding of the area with the...

, on June 17, 1885, at the age of 64 and was interred in Polk County
Polk County, Oregon
Polk County is a county located in the U.S. state of Oregon. The county is named for James Knox Polk, the 11th president of the United States. In 2010, its population was 75,403. The seat of the county is Dallas....

on the south bank of Rickreall Creek.
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