The Oregon statesman., December 23, 1856, Page 1, Image 1

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VOLUME A7!.
SALEM, OREGON TERRITORY, DECEMBER 23, 1856.
NUMBER XLI.
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I)t rcgon Statesman.
ASAHRL Bl'SII, Profvtetor and Editor.
Two. Published irwWr. at Ave dollar per annnm,
No paper will be dio-otitinocd. unless at the option of
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Avnuriii-tc One aqnare. (twelve lines or 1e) three
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RN irinertaoii.
T Notice to partica titipant. heir, di voire, attach
ment, and all legal notice. tr not pre-paid, win De cuarg
d to the attorney orderinr t he ame Diiblivhed.
mw In thii paper are published the Law. Resolutions
Reflation of the Territory ot O rerun, by aathontr.
0-enora Mcaaage.
Gentlemen of the Council,
and ITcmst of Representatives,
The unqualified and distinrt separation of
T onr executive and liegislative Depart
ments is a peculiar feature of the art of
Congress organizing the Government of onr
Territory. I hare no disposition to find
fault with this original principle of with
holding from the Executive authority co-ordinate
with the law-making power, bnt, on
the contrary, I commend it as most wise
and salutary in a system of government so
imperfect and satisfactory as that to which
the people of the Territories have been con
strained to submit. This characteristic of
Our fundamental law, it !s presumable, has
been the cause of the non-observance of the
custom, usual elsewhere, of an elaborate and
digested expression from the Executive to
the Legislative Department of te Govern
rnent, at the cemmencement of each session
as to the condition and wants of the conn
try; at least, since I have held the position
I now hold, whilst I have been ready, at all
times, to co-operate with the Legislative
Assembly, in every 'egitimate way, it ha:
always influenced me to an earnest careful
tress against any act that might be construed
Into an improper interference of one depart
went with the duties of another. However.
the courteous action which you have been
pleased to take, which has been com muni
4rated to me through yonr authorized dele
gation, would seem to invite me to the grat
ification I now take in exercising the privi
lege ot tons addressing you, hastily and
without the accustomed preparation.
The calamitous events which had befallen
the Territory, and the serious and threaten
ing posture of affairs, which exi.-ted at the
period of the commencement of the last ses
sion of the Assembly, had occasioned the
proiounaest anxiety aud excited the jriooru-
iest apprehensions. All onr energies were
employed in repelling the attacks of hostile
Indians in a desperate warfare with a
treacherous and faithless race, who had de
vastated most flourishing sections of our
country carried desolation and sorrow to
the homes and spirits of our settlers, in the
destruction ot their fortunes, and the wan
ton butchery of their helpless families.
It is a matter of the sincerest congratu
lation that the aspect of things has so much
changed. A more cheerful feeling is assuag
ing the anguish and suffering of the past,
and the Territory is gradually recovering
Troon tue rninou3 effects ot a calamity so
great. To the courage, gallantry, and in
domitable spirit of our citizen soldiery, is
Oregon chiefly indebted for that protection
and defense which the General Government
did not afford. During a winter campaign
they eudnred incredible hardships and pri
vations. Poorly clad, and for weeks sub
sisting upon the flesh of their own horses,
unflinchingly and courageously they main
tained their posts far out in the enemy's
country at the North, and amid the snow
piled mountains in the South with a fidelity
worthy the highest encomiums. A resolu
tion of thanks, in the name of the Territory,
is dae them for their meritorious and ardu
ous services.
The memory of those who perished in the
cause of their country, during the war, may
be preserved in the pages of its history, but
it would seem proper, by the erection of a
monumental column, at the seat of govern
ment, or by some other appropriate mode,
to testify the public appreciation of the ser
vices, antPto perpetuate the memory of the
honored dead. They were true to Oregon.
The inactive and imbecile policy pursued
by the officer commanding the United States
troops, upon the Pacific coast, at a very
critical juncture, and his more reprehensible
conduct in the vindictive efforts he has made,
through the press, and by his letters and re
ports at Washington, to asperse and malign
the people of the Territory, may have had
a tendency to prejudice them against the
army.
This valuable arm of the public service,
which is designed for the protection of the
country, and to assure the lives and proper
ty of those who deera it a duty to support
it, has always enjoyed a high reputation for
efficiency and gallantry, and I have no doubt
under the command of other than superan
nuated officers, will continue to maintain iu
brilliant character. I have heretofore ac
knowledged its valuable aid, before its ope
ratioas were controlled by a commanding
officer whose head quarters were in an ad
joining State, remote from the theatre of
rar.
Oppressed by the deepest anxiety, on ac
count of the grave accusations, so unwar
rantably made, against the people of the
Territory, in which I was charged with the
grossest violation of right, I deemed it my
duty to visit the seat of our national
government, and confuting those accusa
tions and charges, to kuow wherein we did
wrong in defending ourselves from Indiau
aggression and barbarity.
It is enough for mc to say, that iu the
jrreat capital of the nation, I fouud no ac
cusations that could be sustained, no one of
Respectability or influence to do us injury.
'While abroad, I found the name of Oregon,
A name commanding respect, and receiving
distinguished consideration. The great and
worthy of the laud appreciate and hold in
high estimation, the brave, industrious and
enterprisiug character of her people. The
delegate of the Territory was at his pos;.,
faithful and watchful ; aud it affords me
treasure to be able to bear personal testimo-
to his worth, ability and efficiency. His
unflagging zeal, aud iadefutigable industry,
procured us Congressional leginlatiou in ref
erence to the expenses of the war, wheu
there seemed uo hope of such a consumma
tion. That legislation gave authority to
the Secretary of War to appoint three com
missioners to adjust those expenses, which
duty be has performed.
These commissioners bare met and organ
ized, and are ready to proceed to the dis
charge of the trust assigned them, so
soon as the chiefs of the departments of the
Territory are prepared to furnish their re
ports. The commission is composed of able,
upright, and high-minded gentlemen, and is
entitled to the respect of the whole com
munity.
The Quartermaster, Commissary and Ad
jutant Generals, under my orders, have been,
and are, assiduously engaged in making np
the complete &id final reports of the entire
transactions of their respective departments,
to be presented to the Commissioners who
are to adjust the expenses of the war. I
have learned, unofficially, of the passage of a
resolution bv one House of the Assembly
calling upon the Quartermaster and Commis
sary uenerais tor detailed reports ot their
operations. The great press of business that
en crosses the unremitting attention of these
two important branches of the public service, ,
will, I am apprehensive, prevent an early
and full compliance with the requirements
of those resolutions. I am sure it would be
a matter of general regret, where so large
an interest is concerned as in the present
case that of ihe whole Territory should
the final reports of these departments be de-
Inved in reaching the speediest action of the
Commission, upou whose adjudication the ac
counts of the nnmerous claimants will ulti
mately be paid.
Hies officers are controlled by mv orders,
act in? under my own immediate direction
and observation, in behalf of the Territory,
for the United States, and while I am aware
that efforts have been made, to prejudice them
in public estime.cion, I hesitate not to say,
that I believe Ihem capable, honest and faith
ful, and I cannot withhold from them my con
fidence. I heg io assure you that I shall canse all
the important information to be derived
from these reports, when prepared, which it
is presumed will be about the 10th of next
month, to be laid before you.
While in the City of New York, I expen
ded five hundred dollars in the purchase of
books for the Territorial Library, being the
amount of an appropriation made by the last
Oonirress for such purpose. As soon as
the books shall have been received, (and
they are exprted by every steamer) I will
cause them to be placed in the possession
of the Territorial Librarian, with a cata
logue aud other papers pertaining to the pur
chase. The "Commissioners for the construction
(f a Penitentiary," elected at the last session
of ube Assembly, failed to qualify, with one
exception. The vacancies were filled by ap
pointment, and I am happy to say that the
CoaiiLi-siouers have displayed sujterior abil-
itr, ami discharged their duties with energy
and fidelity. What they have accomplished
I make no doubt will be to your entire sat
isfaction. As the Board in accordance with
the law, do not report to the Executive, but
directly to the Assembly, I respectfully rt-
f-.-r vou to that document for information, in
detail, as to the progress and condition of
this public work.
I have the honor to transmit, herewith,
as the law requires, a statement of the con
dition of the fund for the erection of Capitol
Hniidings; also a communication from the
First Comptroller of the Treasury, in refer
ence to the decision of that office in regard
to balances due for services performed, and
damajres claimed by contractors on that
work, and allowed at the session of the As
sembly of 1854 and '5. Seventeen thousand
dollars, of the moneys appropriated by Con
gress, to complete the Capitol Building, re
main still in the Treasury of the United
States. f
I have likewise the honor to submit here
with, a copy of correspondence with the
Secretary of War in relation to Indian Af
fairs. At the risk of a violation of propriety, I
take the liberty to observe that, in my
judgment, any legislation whatever, at your
present session, with a view to a relocation
of the seat of government, under the exist
ing circumstances, as the subject is regarded
by the authorities at Washington, in a light
adverse to the application of the fnnd at
any new point, would be injudicious and un
productive of any benefit to yonr constitu
ents. The subject has been one that has,
more or less, engaged the time and attention
of every session of the Assembly. It is one
too, upon which there has been a great di
versity of opinion, and which has already
caused too much unkind and bitter feeling.
1 1 is a matter, possibly, that can be satisfac
torily adjusted only by the creation of a
State government. In view of the probabil
ity of a speedy consummation of snch a
measure, it would appear the part of wis
dom to defer its further agitation uutil that
event shall have transpired.
The organization of a state Government
for Oregon, w ith the experience obtained in
Washington, in reference to the position and
treatment of territorial interests, I deem a
subject of the first consequence. There are
so many disadvantages and positive griev
ances entailed by the territorial form of go
vernment that, in the acquisition or new
territory, by the United States, the consid
eration of Congress must inevitably be given
to the remodeling aud improvement of the
whole system. The noble principle enun
ciated in the Kansas-Nebraska act is a step
u the advance, and may be regarded as an
evidence of the encouragement that is in the
future in this respect. Ihe Indian difficul
ties upon our frontiers have, and will, for a
time, deter an increase of our population by
the ordinary means of overland immigra
tion, which has been the usual source of
important yearly accessions, chiefly to the
agricultural class of our inhabitants. Hun
dreds of industrious aud enterprising people
would have started from the states, in the
a .a 1 i
ensuing spring, ry tue ovenana route, to
wake their homes in Uregon, but lor the
unprotected condition of the route. Military
Itst3 at Fort Boise and Fort Hall are im
peratively required to insure safe and unob
structed travel in the Indian country, and
as Iiuks fc connect the chain of such estab
lishments ou either side of the mountains.
An independent sovereignty will be cer
tain to induce, by the only other means of
access, a character of population differing
in interest, but quite as requisite to the
permanent prosperity of the country. Capi
tal, witn her Keen vision, would sees in
vestments here. Our natural resources, as
yet comparatively untouched, would be pat
iu process of development. In the train of
capiUl will follow labor. There is do sec
tion of tbe whole Union There the attain
ment of wealth is easier, or more certain,
or tbe means of its accumulation more
various, than in Oregon. Onr wants are
manifold. In the Halls of our Natiotal
Legislature a State demands and receives,
while a Territory beseeches, and la disap
pointed. A 8tate organisation, based upon the
principles of economy guarding against ex
travagant expenses, high salaries, and ex
cessive legislation I am confident would be
satisfactory, successful and prosperous. It
is not for me to advise as to the manner in
which you shall submit this subject to the
people, and yet I would suggest the mode
that will secure the speediest determination
as the best.
The election for President of the United
States has just transpired, with more excite
ment than is usually incident to this quad
rennial occurrence. For the first time in
the history of the nation tbe candidate of a
purely sectional party, powerful in numbers,
has been sought to be elevated to power.
The consequence of this was to have been
foreseen. The whole nation was convulsed,
and the Union threatened with dismember
ment in the event of the success of that
party. Bnt, fortunately for the country,
the candidate of the Democratic party has
been elected. This party, the party of pro
gress, from the triumph of its principles in
the successful achievement nnd application
of its measures for the public good, has be
come pre-eminently the party of the Union
and the Constitution the preserver of the
Kepuulic.
In conclusion, I assure vou that it will
afford me pleasure to co-operate with you
as may be desirable, in the advancement of
the public fcood. May ' He who ruleth nil
things well" hare you in his holy keeping,
'o'ess your deliberations with harmony, aud
make them promotive of the interests and
welfare or the Territory.
GEO. I CURRY.
Territory of Orernn. Executive Office, I
baleui, Iec loth, lrt.6. f
OREGON LEUISLATURE.
Friday, Dftrmber 12, 1856
Council. Bill to incorporate the " Des
Chutes Bridge Company" finally passed
Bill to change the name of Clara Hay
ordered to a third reading to-morrow
On leave, Mr. Smith introduced a bill to
incorporate the " Eugene City Lodge."
Passed to to be engrossed.
Mr. Smith gave notice of a bill to amend
the estray law. Adjourned.
Aftervooh. Council met and adjourned
to to-morrow morning.
Fridat, Dtermber 12, 1856.
House. The committee on the Military,
to which was referred the petitiou of the
church of Dunkards, of Linn county, re
ported a bill amending the militia law so as
to allow the members of that church to la
bor on tbe roads instead of doing military
servica. I
Tbe committee on corporations reported
the bill for incorporating the " Willamette
h ree i erry Company," amended so as to al
low them to receive toll if desired.
Mr. Smith, of Linn, offered a resolution
that when the HouBe adjourn Council con
curring on Friday, Dec 19th, it adjourn
to the 5th day of January adopted.
Mr. Conser offered a resolution approving
the memorial, numerously signed by citizens
of Willamette valley, praying for an appro
priation by Congress to construct a road
from the Grand Itonde to Tillamook Bay.
Bill to incorporate Masonic Lodge at Al
bany, and bill to extend the limits of county
seat of Polk county, read a third time and
passed.
Bill for taking tbe sense of tbe people on
the formation of a State government refer
red to committee of the whole.
House resolved itself into committee of
the whole, and took up tbe State govern
ment bilL
Mr. Smith, of Linn, said he had lent his
influence for three years in favor of the for
mation of a btate government. It had
three times been voted down by the people
of Oregon. Various reasons have been as
signed for this opposition. In consequence
of this opposition the measure was lost.
Aow he bad thought that be would never
again originate a measure to submit this
matter to the people. He had become tired
of this opposition had always been satisfied
of the expediency of forming a State gov
ernment, and etill think so. We needed a
State organization, It would increase im
migration. We wanted immigration. We
want our war debt paid. We wanted more
popnlation to develop our resources. We
have sources of wealth all around us. There
is wealth in the bowels of the earth wealth
in the soil of our broad valleys, and in our
forests. We waut more influence at Wash
ington. We want such influence as Califor
nia has. But having voted twice in the
Legislature, and three times at the ballot
box, bad concluded not to appear to bo try
ing to thrust it on the people. Had told the
friends of the measure that they ought not
to submit it again unless they were unani
mous in opinion on the subject. Was re
joiced to see the position the gentleman from
V ashtngton and Multnomah has taken.
Would strike hands with him on this sub
ject. The gentleman bad said that he want
ed to be a freeman once more, and not a
vassal. This is what he, himself, had said
two years ago. United with the gentleman
in the desire to let the subject be divested
of all party feeling or prejudice. There is
one issue that will come before the people
with this measure which is of much interest
the question of Slavery. He was glad to
hear the gentleman say that he was willing
that the people should settle this question.
This was the Democratic doctrine, and he
was glad to get this endorsement of it by
the gentleman. As to this question, he had
his opinion on tbe matter. He believed that
slavery would never be introduced into the
Territory believed that five-sixths of the
voters would vote against it. It was not
adapted to the country. Even those who
were brought up under that institution wo'd
by a large majority vote against tbe intro
duction. This was tbe great issue the only
issue in the late Presidential canvass, and
the Democratic party met it, and. the result
shows that the people of the TJ. S. sustain
the principles of the party ; that it is right
and just that the citizens of every State and
Territory should settle snch questions iu
their own way. It is constantly charged
that the Democratic party is a pro-slavery
party, and it is thrown in the faces of its
members HtX the wish to spread this instl-
tution and extend it. He has been accused
of beinnr a slavery nroDturandist. These
charges are not true. The Democratic par
ty only ask that tbe pcopM wbo form their
own government should be allowed to settle
this subject. But there is a faction here
which desires to open this qnestion to divide
and distract the democratic party and make
capital out of it. They are willing to stir
up strife and contention among onr citizens
to gain this end. Now, if. there is any one
thinir that shall cause this to become a slave
State, it will be the efforts of this class of
persons. I am not a pro-slavery man. If I
lived where it existed, I might own ' slaves,
but I do not propose to introduce it into
Orepon. If I should ever favor its intro
duction, it would be owing to the course of
these fanatics. These abolitionists 6ay to
Southern men, " Yon do want slavery here,
and you will try to establish it, but you
snail not have it: we m mt let you
They reply, " we have .not wanted it, but
we can have it and. we will hare it," and
they show them that they can - have it. It
has been thrown in my face 1 have heard
it from the pulpit, that we wished to form
the State government for the purpose of
getting place. I hope all such accusations
will cease, and that we shall go into the
election with unanimity, and with the single
purpose or the public good.
Alter consideration the committee rose
and reported to the House. Report adopted
Bill to change judicial districts was laid
ou the table. Adjourned.
A FTFRXoof .- i he committee on corpora
tions reported on the bill to incorporate the
v iliamette u oolen Manufacturing Co.
Mr. Lovejoy moved a suspension of the
rules that the bill for a State government
might be put upon Its final passage. A call
of the House was ordered. Messrs. Dryer,
Smith, of Linn, and Avery fevered its pas
sage. I'assed unanimously awt 23.
A message was received from tbe Gover
nor. Bead by the clerk, and ordered to be
printed. Adjourned. ,
December IS, 1856.
Corxcii- Bills passed incorporating Ma
sonic lodges at Albany and Corvallis; also,
to change the name of Clara Hay. Little
business was transacted to-day of public im
portance, and none at all in tbe afternoon.
December 13, 1856.
Hocse. Mr. Shuck, member from Yam
hill, was qualified and took his seat.
Mr. Rogers presented a petition for set
ting off Cammas Prairie from Coos county
aud attaching it to Douglas county. Re
ferred to committee on counties.
Mr. Welch presented the petition of E.
Williams to amend an act giving relief to J.
Elder and others, so as to direct that tbe
claim of Mr. Scott be paid to E. Williams.
Referred to committee on claims.
Mr. Avery, from committee on claims re
ported adversely to the claim of N. H. Lane.
Mr. Smith, of Liun, opposed the adop
tion of the report. .Thought tbe claim
should be paid, lie cdfisfdmad Usvtemoval
of the seat of government to Corvallis a
most unwarrantable thing. He thought it
most unwarrantable to remove it from a
place having rooms, to a place not having
them. But tbe Legislature removed the
capital. It was necessary to procure rooms.
Mr. Lane rented the rooms to tbe Territo
rial government, and now comes forward for
the amouut of the rent The Secretary
gave him notice, at first, that he had no in
structions to pay it, and he should not as
sume the responsibility personally. It was
necessary that Congress or tbe Legislature
should pay it. Congress had refused to do
it. Tbe demand was a legitimate and hon
est one. He has looked to tbe general gov
ernment aud it would not pay, and now be
must get bis pay of the Legislature or lose
it. It was by uo act of his that tbe capital
was removed. Whether the removal was
right or not, it was right that he should
have his pay. -The gentleman who made
out this report is not a friend of the peti
tioner, I am aware, but justice demands that
the debt should be paid. I do not wish to
cast any imputations on the gentlemen mov
ing in this matter, but cannot see sufficient
reasons for their conclusions. The act was
done, and I do not wish any man to suffer
for it.
Mr. Lovejoy. I am in favor of the re
port of the committee. Like the gentleman
from Linn, I would pay all just debts, but
I believe that Congress should pay this de
mand. As to the act removing tbe capital,
it might have been right, and might not
have been right. There are many acts of
the Legislature that are not exactly right.
There is an analogy between the removal to
Corvallis and the removal from Oregon City
to Salem. I believe one was as legal and
valid as the other. I do not believe in pass
ing laws merely to subserve personal euds.
I do not support laws to carry out my own
ends. Look at the organic act. I contend
that the Legislature has the power and the
right to remove tbe capital whenever and
wherever it desires, or list J5fclttc good re
quires, l be general government may remse
to pay our demands may bold ns in " vas
sallage," but we have the power to relocate
our capital. Is there anything plainer than
that the Legislature has the right to change
the seat of government? I take it for
granted that the organic act is still the law
of the land. I take the broad grounds that
tho capital should be located where the con
venience of the greatest number requires.
The center of the densest population of tbe
Territory is south of Oregon City, and I
sustain the ground that the seat of govern
ment should be removed to the center. I
believe the general government should pay
this debt. I know the Treasurer receives
his instructions from the department. If
Whittlesey is to decide tbe law, then we are
truly dependant then we are " vassals." I
do uot believe it to be the Treasurer's busi
ness to decide the law, but I believe it his
duty to pay the debt. As to tbe removal ;
I voted for it. I have taken the responsi
bility of it. If my constituents were op
posed to it if they do not sustain my votes
they have sent me here this session. ' It
may not suit all. It may not suit all tbe
gentlemen's convenience, Some contend
that the resolutions passed by Congress
fixes the location permanently at Sa
lem. If they wanted to remove it now, I
contend that they have a right to remove it;
as much right as they had to remove it from
Oregon City. I believe the capital was at
Corvallis when the seat of governing
removed there. The votes of the
fwiww
.'r
'
Eugene and Corvallis, at the ljr ' ,
show that the people did nov. ;
capital fixed at Salem. I did not come here
to talk on the seat of government, but to
represent my coustituents. I would pay all
these debts in one case as well as the oth
er. . If it is just in one case, it is in the oth
ers. The act was passed in conformity to
the highest law. It was recognized by Con
gress, signed by tbe President, witb all the
dignities and authorities of law. Why did
Congress give ns a law allowing as to change
the seat of tbe capital? Why give ns such
a law? It was a liberal one. When it was
passed, Washington and Oregon were one
Territory, and it was known that the center
of population would change. I ask if the
center of population was not at Corvallis?
Tbe representation shows it was. I voted
for removal, and I believe I voted right.
voted understanding and not in the dark.
The Legislature passed a law to submit it
to the people. The people said Corvallis
was right. Gentlemen soy that it is not
democratic to take it from Salem. That it
was whig to take it to Corvallis. This is
because it does not suit the convenience of
the gentlemen. The southern part of the
Territory has a right to speak in this mat
ter; They would crack down a fellow skin
bim auve scald him here without hot wa
ter. I am the last to repudiate this debt.
If the Treasurer would not pay it, I would
try Congress. I did not come here to agi
tate this subject. I do not wish to agitate
it. What I have said I have been compell
ed to say in self-derence, and not with a de
sire to create any excitement, prejudice or
animosities on so delicate a topic.
Mr. Dryer supported the report. The
question was np last session, and was voted
down. From the complexion of that Leg
islature should think it would settle the
matter to the satisfaction of the gentleman
from Linn. If we pay this claim we shall
have claims to a large amount presented.
The gentleman says the acts of Congress
prove the act lawful and valid. . I tell the
gentleman that Congress did uot do it.
Congress merely recognized it. Tbe act
changing the capital from Oregon City to
Salem was not iu accordance with the or
ganic act. That act says that only one ob
ject shall be embodied in the same bill, and
that shall be expressed in the title. This
bill embodies many objects. It has clauses
locating the Penitentiary and University.
Every man who wished the capital moved
south was accused of opposition to this
plaee. I am not so partial to this place as
to oppose the removal if the public good de
mands it. I shall vote for the report. The
fact that the gentleman from Linn baptizes j
the bill does not make it right.
Mr. Smith, of Linn, said that the subject j
was distasteful to him. The facts are all
before the people. . It might be more proper
to discuss the matter at another stage of the
bill. He would leave the discussiou of it to
those who bad more taste for it. It was
strange that gentlemen who voted for the
removal would not stand by the consennen-
eor tue act.r Ttie gcci;iBaurias 'Sjna i
pursued this course to verify my predictions
in the matter. . This is not so. I do it be
cause I think the demand is legitimate, and
he should not lose it. Mr. Smith moved
the report be laid on the table. Motion
adopted.
Ihe joint committee to memorialize Con
gress on the late judidiary acts, presented a
memorial. Head aud adopted.
Bill to incorporate the Willamette Wool
en .Manufacturing Company was referred to
committee of the whole.
Bill to define the boundary of Multno
mah and Wasco counties was referred to the
committee on counties.
mil to amend tbe militia law so as to ex
empt persons conscientiously opposed to war
from military service, and allowing them to
labor on roads instead, was referred to the
judiciary committee.
JJill to relocate the Territorial road from
Albany to Drift creek, was recommitted.
Adjourned.
Afternoon. On motion, the bill chang
ing the judicial districts, was made the spe
cial order lor A uesday next.
I'assed, the bills to incorporate the Ma
sonic Lodge at Eugene City, and to amend
the militia act exempting certain citizens
from service.
Bill to incorporate the DesChntes Bridge
Company, was read first time.
Ihe select committee to whom was re
ferred the bill relating to the employment
of the convicts ou tbe public road, submit
ted the bill with amendments.
Mr. Smith, of Linn, had no objection to
the working of the convicts on the roads,
but the services of these unfortunate persous
belong to the people of the whole Territory
and why they should be employed in a
certain locality without the county paying
some remuneration, he did not see. The con
victs have forfeited their liberty and service
to the people of the Territory at large.
They are at the expense of keeping them,
and why should the citizens of one quarter
be benefitted by their services without com
pensating other portions ? Ohio has built
commodious penitentiary, and the State
avails itself of the benefit of their services ;
but it appears unprecedented to farm out
our convicts, or for the Legislature to pass
an act ior tnem to labor out or the peniten
tiary without remuneration. If one hundred
convicts labor ou the highway, some locality
receives a pecuniary benehl, and should pay
for it. It was in uo factious spirit that he
made these remarks, but he wished to get
some explanation on the matter.
Mr. Dryer said the bill directed that they
should labor near Portland because the Pen-
tentiary was there. If there was anything
injurious to the people of the Territory iu"
it, be would not urge the measure. The
convicts were shut up iu small cells now,
and they needed exercise and air. If put in
the penitentiary they escape even cripples
get away. In relation to roods, he would
state two facts : one is, that there is more
travel over their roads than any other roads
in the Territory; another is, that they are
in a bad condition. Good roads are a pub
lic benefit, and he could see no injustice in
working the convicts there, as they could
not be taken to a distance from the peniten
tiary.
On motion, the bill was laid on the table.
Bill to relocate the road from the town of
Dalles to John Day's river, passed to second
reading.
Bui declaring bantiam river navigable,
by Mr. Conser.
V-itorial Librarian was read,
v .. ' to be printed.
, -.' rj a resolution
requesting the Librarian to fit up and furn
ish a room for the library, in conformity to
the recommendation of his report. Ad
journed. December 15, 1856.
Council. Nothing of public interest
transpired in tbe Council to-day.
December 15, 1856.
Hocse. Bill to relocate tbe Territorial
road from Albany to Drift Creek. ' En
grossed.
Mr; Lovejoy offered a resolution request
ing onr delegate to use his influence with tbe
authorities at Washington to instruct the
Treasurer of the Territory to answer all de
mands incurred by the removal of the capi
tal from balem to Corvallis adopted.'
Mr. Collard offered a resolution to toe-
moralize Congress Council concurring to
divert the University fund to the support of
common schools. 31 r. bbncfc moved to lay
on the table;-; Lost, itves. 12, navs. 14.:
Mr. Allen said he should vote against the
resolution. A bill was before the House,
directing the sale of the University lands,
and to establish an Industrial Institute, and
he would wait and see what would be done.
Mr. Lovejoy. I am not anxious to pass
this -resolution, although I am in favor of
such application of that fund. " I am hot op
posed to the establishment of a University;
although I do not think it is calculated to
benefit the people at large, as is the system
of common schools. ' Common schools bene
fit all the people. That is what we want.
to put means of instruction : in the reach of
all the children of the Territory.: There are
plenty of Universities iu the Eastern States.
We can send our youth there and get an ed
ucation cheaper than thev could possibly be
caucatea nere if we naa an institution. A
1 1 a . . z w -
sum or f 100,000 would not establish and
properly endow an institution of the kind.
YV here are the funds to come from? : I am
strongly in favor of common schools. Thev
are the fountains of knowledge for the chil
dren of all classes. It is from them that the
people get the enlightenment which lies . at
the very foundation of onr government.
Ihe source of our nations greatness. If i
University was founded, who would be ben
efittedr. Not the whole people, but a few
who possessed the means for a liberal eduj
cation. Thus there will be two classes
growing up amocg us. ' ' Now, I hold it to be
poor policy to make distinctions iu society.
among the rising generation. In some pla
ces in the Territory schools are only kept
open six weeks iu the year. They slioald
be kept all the year. Intelligence is what
the common people want. ; With these views
am in favor of devoting all the revenue
possible to the purposes of common schools.
Oregon now has higher institutions acade
mies and seminaries beyond the times, if I
am informed on the subject. If the funds
are put -into a University the common peo
ple will not be benefitted by it; but devote
it to common schools and the means for the
acquirements of knowledge will lie
me resell or air. tkh. ppTe must have
some knowledge of thr'principles of govern
ment to be competent to take part in its
maintenance. In making these remarks I
am not to be thocght to be opposed to a
University. Some will say that Congress
has already appropriated more for Oregon
than for any other Territory and they ask
shall we now demand more? They say we
shall not get it if we do ask it. If we ever
wanted money for common schools, we ever
will want it; we want it now. When we
have a population of half a million, there
will be no difficulty in supporting these
schools. . It is wanted now, while the coun
try is in its infancy and sparsely settled.
When the population becomes large, tbe
higher institutions will follow as they are
needed. It is said that Congress will not
divert this fund and that it is useless to me
moralize that body on the subject. That
there was a memorial sent there last year,
and no attention has been paid to it by Con
gress, . I can see no harm in memoralizing.
It is a right the people have under a free
government. I would give every family an
opportunity to educate their children. Gov
ernment is safe if education is freely dissem
inated among the masses.
Mr. Dryer said that from the remarks of
the gentleman from Clackamas, if they were
to go abroad, it might be inferred that this
body was opposed to common schools, and
that there were no common schools in the
Territory. He could not see but that
there were enough of them, considering the
sparsely settled condition of the country.
He was opposed to diverting funds, already
devoted to another object, to purposes not
intended by the appropriation. We should
soon become a State. He would not ask
Congress to sustain our common schools, and
on the heels of it ask to be admitted into
the confederacy as a State.
Mr. Collard wished to notice one or two
remarks made by gentlemen who have dis
cussed this question. - One gentleman said
that instead of diverting funds already ap
propriated, he would tax the people for the
support of schools. I am not in favor of
taxing the people when it can be avoided.
Taxes will always be heavy enough if sim
ply sufficient for ordinary wants of govern
ment, and I would not increase them more
than was absolutely necessary. I agree with
my colleague, that common schools are ne
cessary, and the best means for the dissemi
nation of knowledge among the people. I
do not think much good would come from
establishing a University. The common
people are in favor of common schools.
They are the best and most useful institu
tions of a country.
Mr. Smith, of Linn, said he thought this
matter was of little importance. Could en
dorse much that had been said by the gen
tlemen who bad spoken on the subject.
Could endorse much that had been said by
the gentleman from Washington and Mult
nomah. All that had been said concerning
the importance of common schools met his
approbation ; but he could not see that the
interests of the people would be promoted by
diverting this fund as proposed. The same
subject had been introduced two years ago
and voted down. Voted down, not because
of opposition from any source, but because
other business was pending. Years ago the
Legislature had located a University; but
where is it now? We are no nearer having
one now than we were before. Found an
Industrial College, and you will have half a
dozen towns striving to secure its location,
thus stirring up strife, jealousies and rivalry.
He was opposed to diverting this fund as
proposed, which would give rise to strife
and animosity, aud end in no useful results.
Pass the resolution and what will it amount
to? Tbe memorial could not reach Congress
in time for action this session. Onr dele
gate has a memorial now in his possession,
and Congress knows onr wishes in tbe mat
ter. We should memorialize Congress only
on important matters if we wish notice to
be taken of them. Some twenty are sent
every year, and not ten are ever considered.
The fewer we send, tbe more likely we shall
be to hare the important ones attended to.
This is one reason why I think it will amount
to nothing. . Another reason why I would
not memorialize Congress is, that we shall
soon become a State, probably, and then we
shall have more men in Congress to attend
to our wishes. - Where is the University
fund? In claims at Oregon City. Oregon
has not secured a tithe of what she will se
cure, or ought to secure, for purposes of ed
ucation. The last Legislature tied up tbe
fund. They located the institution at Jack
sonville, and tied up the fnnd so that it
could not be squandered. He believed five-
sixths of the people wished the fund divert
ed to common schools. Tbe settlements are
sparse now in the Territory. Out of this
locality a scnool of twenty scholars is con
sidered a large school, and it is very expen
sive educating our children. It had beca
well said that common schools were the
hope and bulwark of our Government.
Support these and the higher institutions'
ill follow. As far as the higher schools
are concerned, in academies and seminaries
Oregon was far ahead of the other Territo
ries and yonnger States. Had no hesitation
in saying that the higher seminaries were up
to and beyond the common schools in Ore
gon.1 He would not oppose the resolution
if he thought the memorial would do any
good. It was now before Congress. A
law taking the sense of the people on the
formation of a State Government was now
before them. Was in favor of diverting the
funds as proposed, but thought it would not
promote the success of the measure by ap
plying again to Congress.
.3Ir. Welch thought that tbe gentleman
was mistaken in respect to the memorial of
of last Eession. That memorial was not sat
isfactory. It did hot go far enough. Be
lieved four-fifths of the people were in favor
of this diversion of the fuud, and desired it.
Wished the resolution to be referred to
a committee, and the matter considered.
Resolution lost, ayes 12, Nays 15.
. Bill to incorporate the "DesChntes Bridge
Company," was referred to committee of tho
whole.
BilL to incorporate "Willamette Free
Ferry Company," came up.
Mr. Dryer opposed the bill on the ground
that it was not to be a free ferry, as the
title of the bill declared. That it would do
injustice to persons having privileges by law
of the legislature, and that it would injure
property holders and would not pay the
owners.
speak on this subject as it concerned some
what the peeefeo his county. There wa
do doubt that - it was for their interest to
have a free ferry, as it would save them a
quarter once in a while, bnt as near as be
could learn, tbe establishment of a free ferry
would injure tbe one now m operation, which)
was a responsible ana accommoaating con-
. . . . ... . , , -.
cern. it this snouia oe tue result, De uiu
not think it would be for the interest of his
constituents. Therefore he 6bouId oppose
the bill. Adjourned.
Afternoon. House resumed the con
sideration of the Willamette Free Ferry
bill. After some discussion, the bill was in
definitely postponed.
Mr. Dryer, on leave, introduced a bill to
amend the Ferry law so as to empower the
county commissioners to Sx the toll in their
respective counties.
Keport of the Penitentiary commission
ers was presented. Two hundred copies or
dered to be printed.
Bill to tax foreign miners was read nrst
time.
House went into committee of the whole
Smith, of Linn, in the chair. Took up
bill to incorporate the DesChntes Bridge
Company. After some debate on the seve
ral amendments, committee rose. Ad
journed.
December 16, 1856.
Cottncil. Mr. Smith presented the peti
tion of B. B. Powers nnd others a change of
the road from Oregon City to Pleasant
Hill, in Linn county. Referred to commit
tee on roads and highways.
Mr. Peebles, on leave, introduced a but
to prevent Negroes and Mulattoes moving
to, or residing in Oregon, i assed to sec
ond reading.
Adjourned to ten o'clock to-morrow.
December 16, 1856.
norsE. Mr. Bennett, from committee on
counties, presented a bill to attach camas
prairie, Coos courty, to the county of Doug
las. Mr. Lovejoy offered a resolution, instruct
ng the judiciary committee to inquire into
the expediency of admitting half breed In
dians to the privileges of citizenship, and
report to the honse. Lost, eyes 11, nay IT.
Mr. Dryer introduced a bill to amena an
act relating to roads and ferries.
Mr. Conser introduced a bill to incorpo
rate the city of Salem.
Brown, of Linn, introduced a bill relating
to bridges.
The chairman of the judiciary committee.
on leave, introduced a bill to appoint tho
time of holding the Supreme Court ap
pointing the 6th day of August for the year
18o7, and the 1st Monday in August there
after.
Smith, of Linn, explained the character
of the bill. It would be seen that the bill
provides for one term of the Supreme Court,
instead of two as has been formerly held.
By provision of law, the labor of the coun
ty courts has been increased, probably one
third. Hence the business of the Supreme
Court is greatly reduced. It is now small.
In the opinion of the Judges, one term will
be sufficient. The results of the bill might
be injurious ff it were to continue in force a '
great length of time ; but the law ia really
inoperative after 18a T. 1 be question of tbe
formation of a State was to be tried, and it
is thought that the people will decide in its
favor, and that we should not have another
Territorial Legislature. Again, Congress
might modify its acts, this session. Ia
either case the law would be changed after
this year. On motion of Mr. Smith, the
rules were suspended, and the bill finally
passed.