The state Republican. (Eugene City, Or.) 1862-1863, September 27, 1862, Image 1

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NO. 37.
T1IE STATE li E P I! B L I C A X .
Published every Saturday by
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The Law of Newspapers.
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pers, the publisher may continue to send them 11 all ar
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responsible till they have settled the bill and oilcred the
paper discontinued.
4. If subscribers remove to oilier places witnuut in
forming the puolisher, and the paper is scut to He former
direction, thev are held responsible.
6. The cuiii ts have decided that ref.isiiu to tike a pa
per from the ollice, or removing and leavini; it uncalled
lor, is prima facia evidence of intentional fiaud.
Special Message.
Gentlemen of the Legh'aliec Anemlly : Ar
ticle 5th of tho Constitution of the State provides
that tho Governor sli:ill from time to timt, give
to the legislative Assembly information touch
ing the condition of tho State, and recommending
such measures as hu shall judge to be expedient.
In compliance with that pro. ision 1 repcttfutly
submit the following suggestions :
A transition from a Territorial to a Sta:o or
ganization always requires a change o laws
Oregon had been an organized Territory fur ten
years. The member of the last Legislature
found tlhtt the laws were embraced in a number
of volumes, and that the bound volumes, includ
ing the " praciicc act," were " out of print," und
could u.t be purchased tit any place ; hence the
""Legislature wisely appointed a committee to
colieoJ and revise the laws. Owing to the absence
of lion. Amory Ilolbrook to the Atlantic States,
the other members of the committee selected
Hon. M. l Doudy to assist them. Tiie tempo
rary absence and sickness of other members ol
the committees has caused most ot the labor to
lall 011 Judge Djudy.
Their report is herewith submitted, and I ear
nestly recommend its passage without amend
ments, unless the same are well considered, so as
not to destroy the harmony of one part with an
other. The report is not as full as might have been
desired, but it embodies a complete code of prac
tice in our courts, and many general provisions.
1 trust the Legislature will connect witli it some
other necessary laws and order it printed in per
manent form. Iiiit it may be well to take i .to
consideration the propriety of pjablishin;' the
code and such other laws as are passed this ses
sion, in pamphlet form, and ot retaining the
committee or appointing a new one to make
further report and perfect this. When the
statutes a.e published in a bound volume, it will
probably bo a number of years before they will
be revised and published again, which is an ad
dilional reason why they should Dow be prepared
with great care.
The resolution appointing tha code committee
made no provision for payment for their labors.
I therefore respectfully recommend the passage
of nn act requiring the Secretary of Slate to audit
and draw warrants oil the Suite Treasurer for
their lobors nt the rate of $ per day, upon
the sworn statement of each member of the
committee for the actual time employed.
The Penitentiary has been a subject of consid
crable legislation and some experiment. Its lo
cation is an unfortunate one, us part of it is
located on block No. 100 in the city of Portland,
upon tho property of Stephen Cofliu. A part of
it is situated on block No. 107, w hich purports
to have been conveyed for the purpose of a site
for the Penitentiary. The balance of tho build
ing is situated in the street, between said blocks, !
to which the State has not the shadow of a title, i
Block No. 107 covers a deep gulch, fifty or more i
feet deep, so that it is impracticable to improve
it, as the immediate wants of the Penitentiary 1
demand. j
Upon this point the committee appointed by
the last Legislature reported "All tn, Iji.Js in
the vicinity of the Penitentiary belonging to the
State is so broken an J rough that tiie amount !
required to level und prepare the ground for im j
provement and occupancy is equal to creefnig
and completing new buildings and improvements
jn almost nny other locality.'' If tho situation :
of the land was otherwise, one block two huud- i
red feet square is entirely too small for peniten
tiary purposes. In this" State, where land is
cheap, five acres should be selected and secured.
By the correspondence herewith submitted, it
will be seen that Stephen CofTin, ihe owner of
block No. IOO, upon which a part of the peni
tentiary is situated, is unwilling to sell tho land .
to the State. A high substantial wall should en
close the penitentiary, work shops, etc., which
cannot be built on the present site, if tha Street
Comissioner of Portland, or owners of private!
property should object to it. j
I therefore respectfully recommend that as
early as practicable, the location of the Peniten-i
tiary be changed to some accessible point, where
; title to enough land can bo secured possessing ns
many natural advantages for such tin
institution ns possible. And that the present
Penitentiary property or that part of it which
would be impracticable to remove, be sold, and
the proceeds be applied in building .1 Peniten
tiary at a more proper and convenient point. If
tho seat of government was permanently located,
I should recommend its establishment at such
point, together with all othcrStute Institutions,
that thev miht bo more directly under tuo su-
i pervUiou of tho State oliieers, and that their
workings und management might bo within the
I view of each member of tie Legislature.
In new States the real or fancied interests of
some town is too frequent y made to influence
Legislation in locating Stito Institutions.
By the provisions of the Act of Juno 2.1, 1S39,
the Penitentiary was leasid to liobeit Newell
and L. N. English for liveyears from the fourth
j day of June, 1S59. Tho above lessees sublet
the samo to L,ayerne liesser, who now lias charge
of tho institution and convicts. There uro now
Twenty live convicts in tin Penitentiary. Twelve
persons havo been pardoned by the Governor
since tile" last session of tho Lcgi 1 itur?. The
terms Kir which five weio sentenced havo expir
ed, and they have been discharged. Twenty-live
havo escaped.
It is the general custom of the lessee to work
most of the convicts outike of the Penitentiary
within tho city limits, in s:no mills, brick yards,
and at gliding streets, digging ditches, sewers,
etc. While this system Ins been a pecuniary
benefit to the State, it has lot answered the ends
for w hich the institution win established. Those
who need punishment this nost, the most des
pcrate, are the first to escape.
Again, the working of emvicts around the
city brings them in coiiipettion with and de
glades tho free honest laboirrs of Portland. It
is true, that if convicts woik as they ought to,
they will come into cour elilioit with labor
somewhere, but that competition should, at least,
bo equal till over the State, ind not borne by .1
single class of laborers in oie town. If work
shops are built within walls, and convicts kept
at some mechanical business, their competition
will bo generally with tho Atlantic Stales, with
an advantage of freights, commissions and inter
est of money, for what they Manufacture, in favor
of this State.
I therefore respectfully recommend that the
system of working convicts sway from tho pris
on or prison grounds, be prohibited.
As the present leisj expires eomo three
mouths before the next session of the Legislature
some provision 1 tight to bo made, at all events,
directing tho management of tho institution
If five acres of ground was selected at some
proper point for making brie''", temporary log
buildings could be built us secure as the present
penitentiary, and thereafter tho convicts could
make brick mid build a substantial penitentiary,
work shops, and a wall to enclose tho same.
Thereafter the convicts might bo employed in
making brick for other Stale buildings now nc.-d
cd, or they could then be profitably employed
i 1 in mtificturing.
Herewith I submit the report of L. Bossor, sub
lessee of tho Penitentiary.
Owing in part to the anxieties and disappoint
ments of those who come to this country to be
come quickly rich, and their habits of life, there
is a very large number of insane persons in this
State in proportion to its population.
This unfortunate class of our citixens are en
titled to our sympathies and care. It is the
duty of the state to make permanent provisions
f r their care and medical treatment, and also for
the blind and deaf as soon ns llTo wealth and
condition of tho country will permit. At an
early day, while lands are cheap, good loc ations
should be selected upon which iislums can be
built by convict labor or oth.irwiso as the wis
doin of tho Legislature may direct. Until this
can be done, some temporary nrrangemt nt at
State or county expense can doubtless bo made
with Drs. Hawthorne and Loryca for taking care
of the insane.
In view of nn enlightened and humane policy,
worthy of their high standing in the medical
profession, they have, at considerable expense,
erected in East Poatland, a private asylum, which
is quite creditable to themselves and the State.
Every convenience for the safely, care and com
fort of patients which the new stale of the country
permits, appears to be there provided.
The last Congress has manifested a disposition
to promote industrial pursuits and elevate the
standard of labor in the nation. I respectfully
call your attention to the law establishing " The
United States Department of Agriculture," mid
also Agricultural Colleges. The general designs
of the former are to acquire ami dilfuse among
the people of the United States useful inform:,
tion on subjects of ngricu.ture, in the most gen
eral and comprehensive sense of tilat worJ, and
to procuie, propagate and distribute among the
people new and valuable seeds and plants.
For several years elli rts havo been made to
obtain from Congress donations of public lands,
the avails of which should be applied for the en
dowmciit of nil Agricultural College in i-ach
State of the Union. At thu last session of Con
gress, these tll'iits were suceessf il. An act was ;
passed granting to every State an amount of pub 1
lie land to bo apportioned to each State i.i quail !
tity equal to thirty thousrnd acres for each j
Senator and Itepresentative in Congress lo which '
the States are respectively entitled by tho np j
portionment of lSM; provided that no mineral'
lands shall be selected or purchased under the.
act. When the Stale selects its lands thoy w ill
bo under the control of the State nnl managed
at its expense until tho sale. All moneys real
ized under the law for lands arc required to be
invested in stocks of tho United States or of the
Stitp, which yields five percenf. or more intercit
I n,r Minimi : nnd tho monev so invested must
i'- j
remain a permanent fund, tho interest of which
shall be inviolably appropriated by each Slate
which claims the benefit of the act for the endow
ment, support und maintenance of nt least one
College, w here tho leadidg object shall be, with
out excluding other scientific und classical studies,
nnd including military science, to teach such
branches of education as aro related to ng
riculture nnd tho mechanic arts in such manner
as the Legislatures of the States may respective
ly prescribe, in oidcr o promote the liberal and
practical education of the industrial classes in ihe
several pursuits and professions of iife.
The proposition of the Government, if accept
ed and properly carried out, will doubtless bo
ot incalculable benefit to Oregon. States to be
entitled to the lands must accept the proposition
within two years from tho approval of tho net by
tho President. Tlnit time will expire before the
next regular session of the Legislature in Oregon,
hence the necessity of immediate action.
The rich and extensive gold mines recently
discovered in tho Eastern part of the State, have
attracted a largo population in the vicinity of
John Day, Burnt und Powder rivers. In pros
pecting for gold, farming lands have been found
on the tributaries of those rivers of greater ex
tent than had been supposed before to exist in
those regions. I am informed that considerable
portions of said lands have already been taken
aud occupied by actual settlers.
JL Ins state ot facts, w ith every reason to bo
lievo that there w ill bo oilier discoveries and
more evtensivo settlements before the Legislature
meets again, seems to require tliat there should
bo organized two or more comities, la ihe
fourth judicial district, including Wasco countv,
there is already more court business than can be
disposed of by one judge, and 1 consider it i;n
practicable and unjust to require tho lii.iges ol
oilier districts to perform more labor than they
now do, particularly with the small salary they
now receive. 1 therefore respectfully recom
mend that if new counties aro organized that a
new judicial district bo erected, including such
counties aud Wasco county.
During tho last session of the Legislature n
number of petitions were presented for charters
for bridge nnd road companies. Under tho Con
stitution of tho State, 110 special privileges can
bo granted. Companies must bo organized
under general laws.
In some portions of the State, roads are easily
made, aud in other, good roads can never bo
made except by private enterprise, without iu
llicting heavy burthens on tho fc persons living
in the vicinity of them. Tho samo may be sub
stniitially said of bridges.
There is no injustice in requiring those w ho
travel ovi r roads and bridges, to pay their share
of tho expenses of making them, in proportion
to tho amount of their travel.
At proseiit there is no law for the organization
of turnpike or bridge companies, nor lor engag
ing in other business as corporate coinpani .'s.
A general incor,. oration law should bo passed al
this session of tho Legislature, under which in
corporated companies may be formed to carry
on any law ful business. It is believed that under
such nn Act much money in tho Stale which is
now being loaned at ruinous r.itos of interest,
would be invested in manufacturing establish
meiits, bridge and road companies, required lor
.1 development of ihe resources of the Stale.
By the Constitution, the Governor of the State
is uiadu ex-ollieio Superintendent of Public In
slruetioii. There is 11 law requiring the County
Supei inlendeuts lo report lo the Governor the
number ot scholars, or tho condition ot the
school funds iu their respective counties.
Ihe county Superintendents aro the only per
s ns authorized to grant certificates to teachers,
and there is 110 person to whom teaches can up
peal in cac the superintendents ; buse t icir pow
er by refusing certificates. 1 have known install
ccs w hero great injustice has been done teachers,
and some person ought lo bu empowered to
grant State certificates to prevent such uOiises,
mil to accommodate such teachers as uro rcal.y
piulilieil to teach a common school in any part
of the State.
Finico Crutliors, late of Portland, died, it is
supposed, without heirs, leaving real estato to
the value of some forty thousand dollars. If so,
his properly escheats to tho Slate, aud I there
fore respectfully recommend that a law bu pass
ed providing lor tho selection of an Attorney
General of the State, whosu duty it shall b to
represent the State in all such cases. Or, that
a suitable person bo appointed in this case to
preserve tho rights of tho State in the premises.
The late Governor ol this Slate, in his mes
sage 'of September, ISliO, very properly
said : "There is no State or Territory belonging
to tho American Union in which well trained
militia is more likely to bo needed than iu
Il is notorious that we are surrounded on nil
sides by a treacherous and warlike race of In
di.n.s, some of whom h ive been iu a statu ol
open hostility during ihe past suiiinnr, nn I il is
well knoA 11 that in Hie ev. nt of I bo L.ii cd Sates
becoming involved In a war w.lli hi y of Hie
great lowers of Ihe liviiijd world, Oregon
would be among tho first to snlf.r tioui de
scent upon her shores of a well disciplined sold
iery. I see no reason to change that recom
mendation. In fact there is more danger ol
internal commotions, foreign war, and trouble
with our Indians in tho Eastern part of the Stale,
now than then.
I cannot therefore too strongly urge upon you
the importance of nn immediate organization cl
an efficient military system fur our State.
Tha purity of the b.illot-bo.i is indespensable
to thn safpfy of ft Kp'iblirnn government. A
person who has no sympathy with our govern
meiit ought not to vote. As thn law now is,
when tho vote of n person is challenged bef ire
ho can vote, ho must swear that " hu is twenty
one year of age, that he is a citizen of the
United States, and has resided six months in the
Stale, and fifteen days in ihu oouuty, next pro
ceding tho election, und that hu has not voted at
this election."
I respcttfully recommend that tho law be
amended so as to require persons whose votes
ure fhiilloni'nj to tuke nil onih to support the
Constitution f the United Stales and of the
State of Oregon In lure they shall bo allowed to
voto at miy elecli 11. And that 110 person be
allowed t voto at any election authorized by
law, who has not paid 1 II taxes assessed und due
against him nt tlio time he offers to vote.
Tho unanimity und energy w hich have marked
your labors ihus far, leads mo to believe that,
under Divine aid, you will have a useful session.
And if by your wisdom aud vigilance und that
of ihe State officers, that pence and prosperity
which now surrounds us shall be continued, a
grateful constituency will lemember you, while
all will have abundant reason to bo gratoi'il to
Almighty God. ADDISON. C. GIBBS.
Exkcl'tivk Office,
Salem, Oregon, Sept. 15, 1SG2.
Fexelon thus reproves a too common sort "f
exacting friendship : ' It soon sees tho termina
tion of what it believed was inexhaustible ; it
looks for what is perfect, and finds it nowhere ;
it becomes dissatisfied, changes, and has no re
P'l-ej while the friendship that is regulated bv
the love ot God is patient with detects, 111 d does
not insist, upon finding iu our frionds w hat God
has not placed there."
A NiceYouno Man. Tho Lowell Courier is
responsible for tho following :
In a neighboring city, ul tho lecture a few eve
niugs since, a gentleman, tho modest man of his
sex, and no less polite than modest, was sitting in
a pew, remote from the light. A preity girl sat
next to him. booking on the floor during the
lecture, he espied what ho thought was the Indie's
handkerchief, the lace trimming edge just visible
from under her dress. Turning to his pew mate
he gallantly whispered, " you've dropped your
handkerchief, madam !" nnd before she could re
ply ho proceeded to pick it up. Horror ! he had
seized the end of her pet skirt, and did not
discover his mistake until tho top of a gnitor
boot stared him in ihe f ice ; and a sound of
a laugh just nii ped iu the bud by tho application
of 11 real handkerchief, warned him of his mi
take. Moral d m't attempt lo pick up anything
with lace before ion know what it is.
Hoaxes Greeley. Horaco Greeley lias
written a letter t:i the President, urging bim to
11 more prompt enforcement of the Confiscation
law. The President has replied iu a character
istic letter, in which he says :
" My paramount object in this struggle, is to
save the Union, and not to save or destroy slave
ry. Il l could save the Union without freeing
any slave i ! would do it. If by freeing some
and leaving other States alone, I would also do
it. Whst I do about slavery and tho colored
race I do because i believe it helps Ibis Union,
nd what I forbear I forbear because I do not be
lieve it would help to save tlio Union. I shall
do less whenever I shall believe what I am do
ing hurts the cause, and shall do more wlicnevci
I shall believe doing more will help the ciusn
shall try to correc t errors w hen they uro shown
to lie errors, und shall adopt new views 10 fast
as they nppenr to be true views."
The best light fjr a ship's binnacle. A stear
in c-'iidle.
A Veseiiadlk lady in her hundredth year lost
her hiughter, who had attained iho good old nge
of 80 Tho mother's grief was grcu' ; aud to a
Iriend who came to condole with her, she re
marked, ' Oh denr t oh ! dearl I knew 1 should
never bo able to raise ihat child."
Many a man w ho is proud to b a quarter
master, has a wifo nt homo who it a whole
Doos nro said to " speak with their tails."
Would it be proper to call a short-tailoj dog a
" stump orator 1"
A Good man is kinder to his enemies than n
bad hum is to his friends.
Why is a crow a brave bird? Because it
never shows a white feather.
When you s o a rebel nrmy " in full feather,"
you may guess it will soon bu in fill flight.
ExcriAxoK or Colors. While our soldiers
are gelling he blacks, the slaveholders are get
ting tho Blues.
The Watch or Geskual ' Asiuvoro. We
wer,. shown yester lay, says thu Luiisville
Jmtmal, a gold watch of the olden time, w hich
is of great v 1110 as n memento of an important
event in American history. The wutcli was 11
present Iroio Gen. W ashington to Gen. Laf lyitte
and bears the following inscription on the back
of tho inner case : ,-G. Washington to Gilbert
Mattiers if) Lifiyette. LirJ Con.w illis' capit
ulation, Yorklown December 17, 17SI." tho
watch is f London manufacture, und was made
in ll'i'J. It is said that thu watch was taken to
S in i'mm-isco from Paris by a Frenchman w ho
bee ifno embarrased there, nnd sold it to the
present owner for the sum of fifty dollars.
A certain lady of quality carried her purity
so fir us t') warmly rebuke her librarian for
putting tho male mid female authors together
rn the ssmo book she!vi.
Fom the RirrsLiCAN-Extrn of last Saturday trsniog.J
From tho Yrekrt Journal of Sept. 17.
Cucinnati, Sept. 12. A skirmish yesterday
aftcuoon, resulted in the capture of 20 prisoner.
Tiny report rebel army in good spirits. Kirbjr
Son h made a speech to tho nrmy Wednesday,
thclOili, assuring them that he would qusrter in
Cir.iunuti in a few days. I'risoren siy that
Brig; reinforced Smith with 2 K'ms 'ts At
lOj'clock this forenoon tho reh jt r niii V-i.--!!; 1
uiuif fiinm uvb unlet jr?.r i.nei
Baltimore, Sept. 12. From a reconnoisanos
in this vicinity of North Mountain, seven miles
from Williamsport, it was thought that Lee and
Jackson had in crossed tho Potomac near that
town. It was thought that Longstreet woulvl
cross further up J10 river.
Chicago, Sjpt.lJ. From all reports received,
we judge that It is t'je intention of the rebels to
leave Maryland by way of Williamsport, With
the force thoy first threw across tho Potomac, at
or near Edward's Ferry, they could not hopo to
hold their position, nnd tho only object they
could have had iu view was gathering supplies,
of which doubtless they carried off immense
Ciiiiinniili, Sept. 12. Tho rebel nrmy has
fillou back beyond Florence. The Strength of
the rebels is estimated by prisoners at from 10.
000 to 20.000, only 0110 half of which enmo this
sidu of F.orcnco. Prisoners say retreat was
made because ihey heard of HuelP advance into
Kentucky. Our scouts lust night reported enemy
retreating in confusion to Florence, ten mile's
southwest t Cincinnati.
St. Joseph, Sept. 12. Tho guerrillas did no
dauuigo to Palmyra this morning; they remain
ed but 11 few hours.
Washington, Sept. 12. At nn enrly hour
yesterday morning, a portion of one of our di
visions drove rebels from Sugar Loaf Mountain,
11 point of much importance in Frederick county,
Aid. Somo resistance made, but it wns over
come with tho loss of halt a dozen Federals
killed and wounded.
Baltimore, Sept. 12. A gcntlemnn who left
Frederick this afternoon, says Wednesday after
noon heavy firing was heard in tho direction of
Harper's Ferry.
The secessionists nro much troubled nbout th
news from that quarter, which was to the efTeit
that rebel Geneial Loring crossed the Potomno
at Williamsport und marched toward Harper's
perry, w hero ho commenced nn attack on the
Federals, who opened masked butteries aud re
pulsed him with grcnt slaughter, und cuptured
many prisoners.
Our informant says rebels commenced movinc
from Frederick Tuesday night, llicir force num.
boring about U0,000. They moved in retreating
jrJer with trains in ndvanee. IIo thinks they
lo not intend invading Pennsylvania, but have
icon driven into Maryland tor supplies. This
ioiiliriii3 tho previous account of tho utter wretch
idncss nnd d 'Stitiition of tho rebel hordes. The
ubcls abandoned Westminster nnd marched
Uwards Ilagerstown.
Philadelphia, Sept. 12. Heavy rains this
Horning caused ovoiflow of tho Schuylkill river,
dn'ng Immense damage, estimated at a inilTiou
o' dollars. Five persons were drowned.
New York, Sept. 13 A citizen of Frederick,
Ail., arrived ycslerday, having left after the
eviciiatiou. He says the rebel force was esti
mited at from 50,000 to 00,000. His neighbor
hid lost all cattle, blankets, provisions every
tking that could be ipplied to I lie use ol the
unity being taken by tho rebels, who paid for
.otliing. but tew iUarylanders had joined them.
Sloop.of war Adriondau has been wrecked oft"
Mai' of-War Point. Tha crew were rescued by Cinnudiigtin.
Ihe bark Fanny Lowry, from Nassau, was
cupurcd oil' Charleston with a cargo of salt, arms
Va-liington, Sept. 13. The Government has
conpleicd arrangements for tho settlement of
fret colored persons in Central America. The
pricisti place depending on circumstances. Sen
alo Pomcroy w ill conduct the expedition. lie
has full power in premises, nnd w ill start enrly
in October with 500 persons, nil provided wilh
iiiilenient.s ,f biisb in I ry. 4 000 colored pers
onshavo informed Pomeroy of desire to avail
llieiisclves of tho Picsid-jul's colonization
fftecn thousand men under Bucll leave Nash
vilr, Ky., thought to pay respects to Kirby
Snlth's rear. 8,500 of liosencrunznrmy arrived
at S'ushi ille to day.
i'liii-viHc, Sept. 12. Two soldiers from
Cumberland Gap report Gen. Morgan made ft
foriy through rebel lines and enptured enough
previsions to subsist his nrmy sixty days.
Cincinnati, Sept. 13. Government, to day
ordircd homo militia lor def use of border. The
Cincinnati troops returned to the city this after
iioor, their services being 110 longer required, as
an iy hero nro siillicielit. It is reported that
Clurleston, Vn, has been evacuated nnd burned
by federals, whoure falling back towards Ohio
Baltimore, Sept. 13. Our information in ra
g.rd to the crossing of lli ! Potomac is from the
mett reliable source. A dispatch from Fredc
rik, dated noon to-dny, says firing was heard in
tlio direction of Harper's Ferry. G011. Hooker
t''l possession of Frederick last night. Mo
Ce Ian entered that c.ty this morning. Wj
captured rebel wagon train.
There wan a singular iroblem among tha
stocs, which run to this purpose: When a man
snyj, '1 lie' docs ho lie or dots ho notl If ha
lieslio speaks tho truth ; if he speaks the truth,
he Ins !"