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About The Oregon statesman. (Oregon City, O.T. [Or.]) 1851-1866 | View Entire Issue (Dec. 23, 1856)
Bill to relocate Territorial road from Al bany to Drift creek, passed. Bill to change the judicial districts of the Territory attaching the counties of Clackamas and Yamhill to the 2d judicial district : question on its final passage was lost ayes 12, nays IT. House went into committee of the whole and took up the bill to incorporate the DcsChutes Bridge Company. Reported back.. Biil to incorporate the Willamette Wool en Manufacturing Company, was considered, but committee boo without final action. House passed the bill to incorporate the DesChntes Bridge Company eyes 26, nays 3. Adjourned. Afterxoox. The Speaker submitted a communication from the Governor in reply to the resolution of the House calling on hira for information concerning the military affairs of the Territory, stating his intention td give the desired information as soon as brnrtTchbre. " House went into committee of the whole and took tip the bill to incorporate the Willamette Manufacturing Company. ' Mr rvnser offered an amendment, mak Ing the Company responsible for damage done DroocrtT holders on JliH Creel. Mr. Conser said it had been reported that he opposed the bill out of personal and pe cuniary motives. In the consideration of this subject he would try to direst himself of all personal and pecuniary influences. Ten years ago certain persons were associa ted together for the purpose of making use of the water of this nver, and to cut a aiicn to take the north fork of the Santiam to Mill Creek. The people Tiring in that ti cinitr met and conferred together to see what was to be done in case they were to be damaged by this work, and a committee was' formccd to wait on Mr. Craft and pre sent their case. They told him the people bad mfc-'t, and were opposed to diverting the waters of the Santiam, and did not wish it done. ; Craft said that if the people " would come np in mass and say that they were op posed to it, and would not snffcr it, so that he coal J satisfy those to whom he was under ob'lio-ations. he would leave. They came to gether again, and every man voted that he was opposed to it, and Craft left. When they came to Salem, they fonnd that a story had reached here that a mob, headed by a retaister of the gospel and a conservator of the peace, had driven ilr. Uratt awav irom Lis work. He deceived no man in this mat ter contended now. that they had no right to take this water, and that in refusing tlicm, they deprived to man of any previous ri-'ht. A company ha3 purchased a right of taking .the water without any regard to the damtje'they may do other property holders, or anv contingencies wnatsoever. According to this bill they have the right to take all the water of the Santiam and bring it to Salem, without any responsibilities. Thev have the capital to carry it throngh They have the power to take every drop of tne water irom me eanuam nver, even in a dry time. To be sure the bill provides that they shall be liable for damages in certain cases. They may pot up a flouring mill, a saw mill, or woolen factory here, and idus, by diverting the water of the river, may compel some of the mills on the Santiam to lie still. They will pay the damages of these mills while- lying still, but they will compel people who live within half a mile of a mill on the Santiam to come to Salem to get their milling done. The bill gives them the exclusive right to bring the water down mill creek some eighteen mile?. Bv giving them gives them exclusive power for the whole of I I S W, t w7 v mm f.-uw m il:3 distance. . It compels tne people on mill crtek to allow the water to run over their land without allowing them indemnity for damajres from overflow. 1 contend that people have the right to use the water flow ing over their own lands. This bill gives tkm a monopoly of all the water right and privileges the whole of the eighteen miles of null creek, and . would fix tne use of it at this point, lie woold vote Tor this bill ii it was properly modified. The object is to sell the water here. They could sell sixty cubic feet of water here, and get a large interest oa their capital, and not invest a dollar ia machinery. This was why he opposed the bill. He did not want this Legislature to deprive the people of Santiam of any right, Mr. Grover said that perhaps it might be expected of biru to explain the objects of the petitioners for this act. In a matter of this kind, in a young and growing Territory, conflicting interests will arise, but we should give such an euterprise all the enconrageroent we were able, consistent with justice. Tins bill does not grant auy privileges which do not belong to the acknowledged natural rights of private individuals. A company might purchase a right of way, and dig , ditch or canal as well as an individual. This bill merely makes the company a person at law gives them the same rights an indi vidual has in respect to the courts. My colleazne holds that tbey have no right to divert the water of the Santiam river, be cause it will injure a few who have not re- linqnished their claims there, as others have done. This enterprise is of great public in terest, and its prosecution and completion will be of the greatest advantage to the people of the Territory. The company has expended some $7,000 already id cutting ditches, and in building dams and break waters, and now they ask the privilege of clearing out the bed or the stream, and of conducting the water for the completion of the undertaking. bat rights do the States grant to companies of this character ? Tbey give them the privilege to cut a canal, or build a railroad across the land of private persons, and across public roads, at their option. Then, should a great public interest like this be lost because it will affect the in terest of a few individuals living on the Santiam river ? There is not a great popu lation there. There never will be much of a population there. They do not use all the water in the stream, and they never will use it all. This company has sent an agent to the East. He is there now with the funds to bay the machinery ; the company is going on with the work, and intend to ex ecute it, whether they are incorporated or not. They cannot be deprived of rights they now iiosscss, and can go forward with the enterprise without having any other priTilezes than those of ft pi-irate individual. With these explanations aud views, he sub mitted the matter to the Uommittee. Mr. Consor said the gentleman dwells on the fact that the company was liable for damages to the property of private individ uals. Now every one knows that in case of a private person against a company with a capital or hnnareas oi uiousauas oi aoiiars, he cannot get one cent of damages without ffoin; to law: and it costs so much to carry on a suit at law that few will attempt it. He says the company will go on whether tbey get a charter or not. This is just what we want. We want them to go on without any special acts of the Legislatare. We want this Legislatare to let them stand on their rigbt3 as individuals, and we will stand on ours. Our citizens are not going into an cspeusive lawsuit without a cause. I'he amendment was lost. Mr. Starkweather offered an amendment. making individual property of the stock holders liable adopted. Committee rose, bill engrossed. Mr. Moffitt presented a "memorial to Congress," asking an appropriation of $50, 000 to complete the military road from As toria to Salem. He remarked that an ap propriation of $40,000 had already been made, and the rond had been opened some fifteen miles from Astoria into the woods. The work upon it had been suspended on accouut of the rains, not on account of all the money having been expended; but more money would be needed to fiuish it. The worst part of it was done. The road would be of ase to the whole valley. When it was opened all the way through, they could drive tueir stock through to Astoria, slaughter and ship it. Thought no one in the Terri tory would be injured by it, and as the Gen eral Government claimed to be onr parent, and the protector of ns, she onght to aid us while in her care, and until we cut loose from her apron strings. Memorial adopted. Mr. Johnson cave notice of a bill to amend the school law. Mr. Roirers introduced a bill to amend an act lor the organization of Uooa county. Adjourned. December 17, 18o6. Cocxcii- A bill to amend the militia law was passed. Council concurred in House resolution to memorialize Congress for an appropriation for military road from Salem to Astoria. Passed to second reading the bills to re locate the road from Albany to Drift Creek and appointing timet for holding the Su preme Court. Adjourned. A ftersoon. Committee reported on the case of the contested election tlolmes r. Ford in favor of reference back to the people. Motion to print report was deba ted by Messrs. Smith, Drain, Peebles, Kelly and others, and 500 conies ordered to be printed. Adjourned. December 11, 1858. Hoise. Bill for the relief of Nat H Lane was referred to judiciary committee. - Mr. Smith, o: Linn, moved that the re port of the Territorial Auditor be referred to select committee of five adopted. Speaker appointed Smith, of Linn, Stark weather. Gates. Berry and Johuson said committee. Mr. Harpole, on leave, introduced a bill to pay the Prosecuting Attorney of the 1st judicial district for extra judicial services under the act for the relier or the heirs or Ewinor Young. Referred on second reading to tv'ect committee Smith. Lovejoy and Drvcr. Mr. Roger?, on leave, introduced a bill to amend an act entitled an act to establish a pilotage at Coos Bar. Committee on judiciary reported back the bill for relief of Nat. II. Lane. Laid on the table. Bill to locate the Territorial road from the Dalles to John Day's river was referred to committee on roads and highways. Bill to provide for the taxation of all for eigners engaged in mining in Oregou Terri tory was referred to committee of the whole. Went into committee of the whole on the miners' taxation bill. After some discussion committee rose. Mr. Dryer offered the following preamble anp resolution: Whereas, A sanguinary war between the Indians and white settlers of Oregon and Washington Territories has existed during the last eighteen months, which war was simultaneously commenced by the different i-a:--. ;iv.,. Vrth. South. East and West, which though partially closed at the South, still exists in the orth and East; The theatre of the glorious achievements of our gallant volunteers being now in pos session of the enemy, in such a crisis it be hooves every citizen to stand by his country and its authonties, both national and Tern torial, and to use all the means in his power to bring this war to a speedy close, lo ac coraplish this end it is important to the coantry that the people should be put in possession of all the information necessary to arrive at a correct and proper conclusion, therefore. Resolved, That the Governor of Oregon be respectfully requested to communicate at his earliest convenience to this Honse, copies of all correspondence between himself and any of the officers of the U. S. army in re lation to this war, and especially any and all correspondence with Gen. John E. Wool, understood to be Commander-in-chief of the TJ. S. forces on the Pacific coast; also, all correspondence between him and the Presi dent or other officers, subordinate or other wise, of the U. S. Adopted. Adjourned. Afterxoox. 3ir. conser introduced a bill to incorporate the Jefferson Institute. Mr. Lovejoy introduced a bill to amend an act entitled an act to provide for the sale of common school lands. At suggestion of Mr. Shnck, the commit tee on engrossed bins were caned on to re port on the bill to incorporate the Willa mette oolen JUauulactunug Company, aod'tbe bill was pot upon its final prssage. Mr. Conser. Inasmuch as the question now comes np on tne nnai passage or the bill, I wish to make some remarks on it. As the votes will all be recorded, and mine will probably be the only one in the nega tive, I wish to put myself right, so as not to be misrepresented hereafter. I will give my views on the subject. When the thing first started, some or this company went up secretly and purchased the rights of John Porte?; at the same time Air. iorce, or this place, bad already purchased the same rights, llns shows tnat tney wanted the exclusive right to this water ; and this bill give it; there can be no competition. Com petition is the hie of bnsiness, but this char ter gives them the exclusive right and con trol of this water, to bring it to this point and speculate on it. When the Des Chntes bridge bill was belore the House, members thought it should be well guarded, although but a few thousand dollars were to be in vested, but in this bill where the interest is much greater tbey want unlimited privileges. Tbey want the exclusive right to all the water in the santiam without any restric tions. I bold, sir, that it is unconstitution al and anti-democratic. It is a perpetual charter, but I am satisfied that in less than fire years the people or this town will ask its repeal. I want the company to stand on its own rights as others concerned have to staud on theirs. There are no restrictions at all in the charter. It gives them the monopoly of the water, and prohibits oth ers from using it; but I contend they have no right to Mill Creek. If they control the water within one mile of Salem, it would be enough. There is no repealing clause in the charter it is a perpetual one, and gives them a monopoly of the manufactories of the the Territory. !' Hill passed aye 23, nays 6. Bill declaring the Santiam river naviga ble came up. Mr. Shuck said that if the Legislature would go and make the river navigable, be wonld vote for it; as it was he moved it be laid on the table lost. Bill engrossed. A resolution was adopted that a joint , committee be Appointed to visit the Peniten tiary at Portland during the holiday recess, and report when the Legislature meets Jan ury 6th. Mr. Gates offered a memorial to Congress asking for the establishment of a mail route from Portland to the Dalles by the Colum bia nnd Willamette rivers adopted. isill to pay the demands of the prosecut ing attorney of the first judicial district for extra official services was passed. iiill to locate a road from the Dalles to John Day's river engrossed.- Mr. Moffitt introduced a bill admitting certain half-breed Indians to privileges of citizenship. Adjourned. DeeembctJtS9b. Cocxciu Bill to relocate Territorial road from Albany to Drift Creek passed. Hill appointing times for holding the Su preme Court, referred to judiciary committee. Un motion of Mr. Smith, the case of the contested scat Holmes r. Ford was made the special order for January 6th. The President appointed Mr. O Bryant on joint committee to visit the Penitentiary. Council concurred in House memorial for mail service from Portland to the Dalles. Adjourned. Afterxoox. The bill to incorporate the Willamette oolen Manufacturing Compa ny was passed. Bills passed for payment of prosecuting attorney of first judicial district for extra official service: to locate a road from the Dalles to John Day's river, and to attach Cammas Prairie to Douglas county. Bill to amend an act relating to roads and ferries, passed to second reading and re ferred to committee on roads aud highways. Council concurred in House resolution re lating to mail service from Port Orford to Untpqua City. Adjourned. December 18, 1856. Horse. Mr. Allen prescuted the petition of .losiah lajlor and others or Yamhill county for a bill to restrain swine from running at large. Referred to a select committee, Con sor, Allen, Brown of Linn, Rose and Miller. Mr. Welch presented a petition for the re peal or the charter of the Polk and Marion Free Ferry company. Referred to ccunmit- tee on roads and highways. Mr. Cochran presented a petition for change of road near the house of L. P. Know- land, in Linn county. Bill to attach Cammas Prairie to Douglas county, passed. Bill to amend the road law. reatilrihc all able-bodied tflcu between the ages of 21 and 60 to perform three days labor on the pnb- nc uignways and thoroughfares rearlv, and one additional day for every $1,000 of taxa ble projerty providing that the viewers shall act as chain-bearers and markers that landholders may change road on their prem ises by applying to supervisor allowing su pervisors $2 per day for services requirin remonstrants to give bonds for expenses aud the supervisors to notify tax-payers before the 1st of May, referred to committee of the whole. Messrs. Smith of Linn, Lovejoy, and Mof fitt were appointed as committee to examine into the affairs of the Penitentiary during the holiday recess. House refused to take the biil for relief of Nat. H. Lane from the table by the following vote Yeas, Messrs Allen, Berry, Brown, of Linn, Cochran Consor, Gates, Matthews, Miller. Moffitt Ray, Rogers', Rose, Smith, of Linn, Speaker 14. Messrs. Avrry, Barr, Bennett, Brown, of Multnomah, Collard, Harpole, Lovejoy, Monroe, Shuck, Smith, of Jackson Starkweather, Underwood, Walker. Welch i. ADsent uryer and Johnson. - Adjourned ArrERXoox. Mr. Bennett introduced bill to Incorporate " Corrallis Lodgo" of ree Masons. Mr. Smith, of Linn, introduced a bill to amend an act relating to assessors. Bill to locate a Territorial road from the Dalles to John Day's river, parsed. Mr. Rogers offered a resolution to memo rialize the Department Council concurring for better mail facilities from Port Orford to L mpqua City adopted. The Speaker appointed Messrs. Moffitt and Hose on joint committee to visit the Penitentiary in the recess of the holidays. Mr. Miller offered a memorial to the In dian Department for the survey of the Ta ble Rock Indian Reserve," the Indians being removed to the Grand Ronde. and the open ing of the same for pre-emption and settle ment adopted. Adjourned. December 19, 1856. Council. There being no quorum pres ent on the calling of the roll, no business was transacted to-day. Many of the mem- bers left ou the boats this morning for their homes. December 19, 1856. House. The only business this morning was the introduction of a bill to relocate a road from Salem to Corvallis. At half-past nine the House adjourned to meet after the holidays January 5th. Em exe Crrr, Dec 1, 1856. Mr. Bcsh I am requested to forward to you the following, with the request that yon give it a place in the Statesmnn. The buildings of Columbia College, at Eugene City, were consumed by fire on the evening or the zuth or last month. The Institution bad been open bnt a short time ; another building was obtained, and the school continued, only losing one school day. At the call of the president, the board of trustees met at tbe court house in Eugene City, on Saturday last, and after carefully considering ill the facts and cir cumstances of which they could obtain a knowledge in regard to the burning, were unanimously of opinion that it was the work of an incendiary. Indeed, there is no ground to doubt it but no clue yet to the guilty person. .Measures were taken to hAvc a house built immediately to an&wer the wants of the school until substantial buildings can be erected. It was resolved to build lire proof brick, or stor.'. Hope to accomplish the work next season. The friends of the enter prise need not dispair ; and they are respect fully and urgently requested to come to the rescue. Give us a lift in the way of means. The endowment fund is bcinir iucreoscd faster since the burning, than ever before, aud the friends of the Institution are de termined to make it a first class College. J. GILLESPIE, Sec'y Board Trustees. What is Fusion? A " Faithful Whiff in the Boston Advertiser, says: "Fusion is the absorption of bankrupt politicians of deceived aud discontented Whigs into an organization where abolitionism and fanati cism overwhelmingly predominate, and are the only elements of action." tSf " Sonny, does yonr father take a oa- perf " Yes, two of them. One belongs to Mr Smith, and the other to Mr. Thomp son. I hooks them off the stoop," 19. When yon pavj;- - a smell of fried on; ' . . -fc you may be ' :;-'. : . OREGON STATESMAN. TUESDAY, DECEMBER 23, 1856. To Statesman Sabaertlters In Arrears, Ail will be rcen bv onr prosnertns in the advertising columns, at the commencement of Volnme Seven of the Statesman, about the middle of March next, the mill ncription price of the pniH-r will be reduced to thrrr dollar ftrr annum, lit all raie trhrrt payment is made actually mi attvanre. I'l course, an arrears must ne nrsi paid np. w e give notice or tne reduction tuns eariy, to give every one time to nettle np all dues to the clone of Vol. , that they may avail themselves of the re duced price. And we earnestly urge each and every one of our patrons behind, to nettle np to Vol. 6, No. S3; prior to tnat time, we no not want to cnargc two price tor our paper, and oeiore tne I itn or nnrcn, we truot all onr subscribers will have wiped out old Korea, and be ready to advance thrrt dollar for the next year, and Mum obtain the paper at that cheap price. Money may be tent hy mail at our rifK. A ocucr way la to get the postmaster to enclose it for von. iiy reference to nis last receipt, or to tne dim ana cir cular sent out Inst rammer, each subscriber ran tell to what Vol. and No. he haa paid, and readily calculate what is due to Vol. No. 52 from which time the re duction commences. If unable to drternine how much to due. send us word, and we will enclose in yonr naDer a Diu oi uie amonnr. Again, we nrre eiwra subscriber we have to brine nn the arrears, and receive the 7th volume of the Statesman for 13,00, A. BUSH. KxMMtlM mt the Cloven PoaC Leland has been sneaking about the Leg islative Assembly, snapping np trifles with which to assail democratic members after he shall have left here, (taking good care to say nothing while in the reach of their " ex planations.") Instinctively despised by nearly every member, and by every man who viewed bis " honest gaze," he has performed the conjrenial eflrca of pimp and spy. Under date of December 3d, he wrote to the Standard as follows: There was aome mtrprke manifested about the result of the choice of officer in the (Vmnril. On Monday evening the Democratic members of this body had a canrns for the nomination of candidates on which occa sion Mr. Peebles was nominated for President and a full list of officers, differing with one or two exceptions from the pertmns elected tbe next day. Some uf the lemocrat remained away from the caucus. When the Cooncil assembled and proceeded to election, on the first vote for iTrsident, J. h.. Kelly received 4, J. C. Peebles 2. and t'h.irles Drain 1. and Kellv was. declared drlv elected. Kellv voted lor Peebles and Peebles vo ted for Drain. Kelly then tendered his resignation, but the Council would not receive it. Had his resignation been accepted, Itayley woold have been elected. Thus it may be. seen that theraiieos was rode over, and ret a Democrat of unimpeachable political integrity was'duly elected I"residcnt of the Council. It will be seen that the disregarding of the caucus nominations or in Leland's bad grammar, the " roding over" of the caucus, is openly and directly justified. He says, notwithstanding the canons was "rode over a Democrat was elected President of the Council, but he dou't say anything about another result of the " roding over' process the defeat of Hon. L. W. Thelps, the caucus nominee for enrolling clerk, and the election of T..Mc F. Tatton, black republi can, and black anything that is in opposition to the Democracy. Mr. Fhelps was not only the nominee of the Democratic cau cus, and therefore entitled to the support of every member who claimed to belong to the Democratic organization, bat he is a most worthy and deserving man, more deserving in all respects other than political, than his opponent. No man claiming to be a demo crat can justify that vote. In every point of view the proceeding, so far as participa ted in by any man claiming to be a Demo crat, is wholly unjustifiable. We have nev er heard a Democrat attempt to excuse or justify it. Yet in the extract above quoted Leland Jsnpliediy nd entirely justifies and applautrrtfte transaction. Now is what Leland says about " roding over the caucus" true? In one sense it is, and in another it is not. The Democratic caucus was " rode over," bnt the opposition caucus tr wot. The nominees of that cau cus were all elected, and this result is what Leland glories over with unconcealed satis faction. What is a caucus or convention? Simply an agreement as to candidates or course of action. Nothing more and noth ing less. Does anybody suppose that there was not socb an agreement on the part of the men who organized the Council? Was it by cAamee, an J without- pre-concert, that Messrs. A. A. Smith, Ford, Bay ley and Cornelius voted for six different officers as a nnit? Nobody supposes so? Then there was in effect a eacns of these gentlemen, and a cau?ns in opposition to the Democrat ic organization. But we are not left with the conclusive circumstantial evidence that there was a caucus on the part of tbe majority, who elected the officers of the Council. It was stated on the street, yea, boasted of by black republicans and knownothings that " they had the Council," and one of their number would be clerk of that body naming Fat ton as the man. This was done before the meeting of that body, so that there must have been and was an agreement and a ani ens. And the fruits of that caucus we have in the election of black republicans over Democrats in the " roding over" process which Leland exults over. And Leland affects to have been in the seeret, and goes ou to lift the veil further. He says " if Kelly's resignation had been accepted, Bayley would have been elected." How was thaTToTSe done? There were but seven members of the Council present, and three of them supported the nominees of the Democratic caucus. If one of the fonr who supported the nominees of the opposition caucus, had been voted for for President, the vote wonld have stood three to three, unless the candidate had voted for himself. In no other way could he have been elected. We do not be lieve any of them wonld have done that, though Leland claims to speak for tbcm, and to that effect. Under date of Dec. 2d, he wrote to the Standard, as follows: The Council bare organized by the choice of J. K. Kelly, President; Watt. Chief Clerk; John Ostei te, Asst. Clerk; Thoa. Holmes, Sergeant-at-Arms; T. V. Mcl'utton. Enrolling Clerk; James McLane, doorkeeper. The House did not eObct an organization this morn ing;. Lovejoy and Grover are candidates for Speaker. 1 think Grover will be elected, lie U the nomiuee of the Democratic cane us. Here we have an intimation that the " roding over" process was in contemplation in the House. The Democratic caucus had been held, and their nominations made, yet Leland states that " Lovejoy and Grover are tbe candidates for Speaker," and implies doubt as to tbe resnlt. Lovejoy was not a candidate for Speaker after Grover was nom inated, and, though we speak not by autbor- ..Te hesitate not to say that he wonld t1 consented to become a bolting W. however much such disorganizes t -ht desire it, -They are anx ious to break up the Democratic party, by a union with their opponents; he is not. But "thereby hangs a tale!" The inti mation contained in the above discloses a fact we have never doubted. That is, that Leland's especial friends in the House, but three, we think, would have joined with the regular opposition force in the House in its organization, if to have done so would have effected anything. Had there been enough of all combined to : have " rode over the Democratic cattcui," three men, at least, (and we think no more,) would never , have been in that caucus. So we think, and so others think. But the hard Democrats bad a majority over everything in the House, and conldn't be " rode over," and hence bolting wouldu't pay. But, mark us, that class of Democrats (God save the mark) only - wait for the time when it will pay, or when their union with the opposition will result in the defeat of the Democratic party, to join such opposition. This is the drift and design of the Standard. Can any man longer doubt? This subject calls to mind the most excel lent exhortation of Judge Williams at the Democratic assemblage at the court-house, a few evenings since, on the subject of " party organization." ne said the rtsult of the Presidential election the success of the Na tional Democracy, was owing to their supe rior, organization; that Pennsylvania, was only carried through that organization, the most perfect any party ever had. And, ad ded he, to keep np organization for import ant contests, we must kerp it up, and rigidly observe the usages and customs of the party in small matters; that it would not do to say of the lesser matters, " I'm a Democrat but it won't make any difference if I don't vote for the party candidate for this or that small office; that there is no principle, at is sue there." Such conduct would destroy all organization, and blot out the Democratic party, and no man was worthy of the proud name of Ih-iuoerat who resorted to it. We hare a sm.tll faction here whose heart and hopes are all with the enemy," and they only remain with us to await a favorable opportunity to Jo!u the hostile camp, aud with the hope of misleading and Cually tak ing over with them honest and unsuspecting Democrats. The Standard ia the paid and purchasable organ of this faction, and its de graded editor, cuffed, kicked, spit upon and despised, is their pliant (if paid) tool. IS. No mails have arrived here from ei ther South or North during the past week up to the time we write (Saturday.) They were due Monday night. None left here for either direction until Friday morning. The contract time is Tuesday mornincr. We have had no regular mails since tbe Bainy Season commenced, and shall have none un til it closes, unless the Postal Agent shall exercise authority with which he is invested in cases of failure to fulfill contracts. : The contract on this route requires the mails to be carried by - conch. . It is rwt done, and cannt be done during tbe Rainy Season. It mu6t be carried on boats. We hope the Special Agent will lore nn time in providing for its beitig carried regularly and reliably on the river. . Tbe matter should have been attended to upon the first failure, as the ex perience of past years shows that they fail all the time while the rains last. As it is, we might as well be without mails altogeth er. There is a remedy, and it ought to be applied. Let ns have it. t. The schooner " Calumet," built at Portland the past season for the Tillamook and Indian Reserve trade, was beached a short time since at the mouth of the Siletts, and afterwards became a total loss. Capt. TichenoV was in command of her, and found it necessary to beach her, owing to a severe storm, ner cargo, composed mostly of In dian goods, was got out, bnt afterwards all washed away by the sea. No lives were lost, vessel and cargo a total loss. Theatrical. "Thocian's theatrical troupe havo been playing here to good audiences, and generally crowded 'houses for the last fortnight. They have now gone below, but may retnrn here. The company comprises good talent, and their entertainments have been well received. Mock morality and austere propriety of the Amiuidab Sleek cast, spend many an hour less profitably and harmlessly than those whiled away at snch places of amusement. Jackson Festival. Preparations are being mode here on an extensive scale for the celebration of theJ3th of January. A supper will be set at ''Boon's nail" for 300 persons. Tickets $2 apiece. Hnrrrh for Buch. and Breck. Robbery at Corvalus. We learn from Mr. Slater, the postmaster, that the ' post office at Corvallis was entered a few nights since, and robbed of $160 worth of postage stamps. ' Tuk Message. The Governor's message will be found on the first page of to-days Statesman. Rend it. Coast Reserve, Nov. 10, 1856. Friend Statesman Probably a line from this region would add to the variety of matter usoally found in the Statesman. On the 5th, the schooner chartered by the In dian dep'nt, Jennings owner, Capt. Tiche nor commanding, was 'endeavoring to run into the Neeas river, when she struck the bar in four feet water and grounded. Tbe crew got ashore safely, and made every effort to save the cargo and vessel. The cargo was all landed in good order, some sixty yards from ordinary high water mark, but on the 8th and 0th, the tide arose to such a bight that all was swamped. Not more than one thousand pounds of flour will be saved out of thirty tons. Capt. Tiche nor employed all the Indians he could work to advantage, to save all, but in vain. The storm is now raging so severely that a man could not stand unsupported ont of door. The Indians are not very well pleased, and growl like bears. I have had many pow wows with the veterans : they exalt in vic tory. The murderers of Ben Wright, Too toolena, Bill and Jack had Wright's scalp, yelling over it a few days ago, when Robert Metcalf learned the fact, he drew his pistol upon him, and made him give it up. ? ;j I will write again. Respectfully,' """ ; E. B. STONE. Yamhill County, O. T., Dec. 15, '56. Editor Statesman Sir : The " Stand ard" of the 11th instant, has devoted near ly a column of editorial to yours and his democracy, and Mr. Shuck and the democ racy of lamhill. Leland seems to think your review of Mr. Shuck's bolting from the former Asssembly s nomination for printer, as given in the Statesman of the 2d instant, was an insult to the democracy of the coun ty. Jsow, sir, I believe that it is generally conceded that yon spoke the truth, and so acknowledged by Mr. Shuck. Therefore, I am sure tbe democracy have taken no insult. Mr. Leland can never make the true dem ocrats of Yamhill believe, but what Mr. Shnck violated on that occasion, a well es tablished rule and custom of the democratic party. Now Mr. Lditor, why does Mr. Leland indorse so freely Mr. Shuck, for this act ? Does he really mean to break up tbe organi zation of the democratic party in Oregon, by justifying such conduct in its mcmbera. ? It is well known that Mr. Leland was down on Shuck for signiug the anti-knownothing petition in Nov. 1855. But the refusal to vote for the caucus candidate for printer, brought him into his good favor, and he has not ceased to applaud him ever since, and denounce, without exception (save G. W. Brown and Thomas Smith,) the entire As sembly of 1855 and '56. Was this because he was not elected priuter, or was it to op pose the party to which he claims to belong. The democrats of Yamhill, or at least a Inrjre port inn of them, are not well pleased with Mr. Leland's course in regard to Mr. Shuck's nomination as a candidate in the late election. First, Mr. L. came out in his paper and recommended Mr. S. to the democracy of Yamhill as a candidate, and suggested his being rnn without any county meeting, eulo gizing him very highly for bis truly demo cratic coarse, standing fire, &r. lias it all privately understood Mr. Ankeny was lo resign thus and so, and L. was to watch A., and when his resignation started, S. was to lie nominated liv the Standard, and L. was to write letters to all whom he dare venture to enlist in favor of S. His letters run thus " S. has been down to P., and is wiiliug to rnn. I think we had best to run him. I, I, &c.n It is not my wih to sav aarht to the in jury of any democrat, but if matters and tilings are to be discussed, why not ppeak facts. Let ail that have done wrong, and thereby injured our party, come back to first principles, and for the future do right, and this will be cil enough. A DEMOCRAT. The above letter .is from the pen of a Yamhill democrat, and as true a one as there is in the county. We publish it by his request. . At the same time we would not continue to complain of the act of last winter above referred to, and designed to let the matter rest, with the recital of the facts which we gave on the 2d of December. We think Mr. Shuck violated a salutary usage of the Democratic party ; one without the observ ance of which, it would soon be broken into fragments. This we think Mr. Shuck will admit. We don't think he himself jus tifies the act of refusing to support the nominee of his party, or under like circum stances, would asrain vote as then. We do not know all this, but we believe Mr. Shuck to be a Democrat, and we believe that re flection haa convinced bim that he commit ted an error last winter, and one he would not repeat. And while we would candidly state the facts, we would not proscribe Mr. Shuck, or unreasonably complain. We think he intends to be a consistent member of the Democratic organization in Oregon, and are of the opinion that his future acts will so nroTe. And no one will be better pleased than ourself at such a showing. LAWS OP OREGON TERRITORY. " Pec. S. Every law so pni.lihed (m tne paper pub lished by the Territorial printer) may he read m evi dence from the paper in which it shall be contained. in all eonrts of justice in this Territory, and in proceed- ines before anv office, body or board, until six months after tbe cluse of the session at which it became law." Thr Statutes of Oregon. AN ACT to conform the practice of the Courts to the Act of Congress of August . 16. 1850. Sec. 1. He it ewiciedby the Legislative As sembly of the Territory of Oregon, that the Clerk or the District Court of each judicial district shall appoint a deputy in each coun ty of bis district who shall possess the same powers and receive the same fees for services as bis principal; and such deputy shall keep his office at the seat of justice of his connty, and shall have the custody of the records of the former District Court of the County, and of such additional records, papers aud other things as may lawfully come to his possession as such deputy, and shall perform all such duties as may be devolved npon him by law or by any rule or order of the District or Supreme Court, or any J udge thereof. Sec. 2. Each deputy clerk shall forth with transmit to his principal the original files of all causes, other than appeals, pend ing and undetermined in his county, accom panied by a transcript of all journal entries touching the same; and the clerk shall enter snch unfinished causes upon his docket; and tbe same proceedings shall thereupon be had as if those causes bad been commenced and thus far prosecuted in the District Court for the district as organized under the said act of Congress. Sec. 3. Writs of summons are Cbolished, except in the Admirality and United States causes, and instead t'nereof, a notice signed by the plaintiff or his attorney shall be en dorsed nrtn or appended to the complaint an a served as a summons, which may be substantially as follows : " To : You are hereby notified that unless you appear in the District Court of the judicial district of the Territory of Oregon, on the first day of the term to be held on the day of 1 8 , and answer the within (or annexed) complaint, the same will be taken for confessed and the prayer thereof will be granted by the court." Which complaint and notice may be served by any sheriff within his county, or other wise according to law. and shall be returned to the court designated in the notice. Sec. 4. Every complaint shall be enti tled of the county iu which the action would have been triable under the existrng laws ; and the notice may require the defendant to appear in the court of any district which the plaintiff shall deem most convenient ; and if this privilege shall be abused, the court to which the cause is brought may dismiss the same, or may send it to the prop er district, at the option of the defendant. And causes now pending, or to be pending, in any district may, for the convenience of the parties or other good cause, be trans ferred, by the order of the judge, to any oth er district. Sec. 5. Witnesses shall not be summon ed to the District Court, except in Admiral ity, and by the order or the court or judge, in divorce, chancery, and other special cases, arising nndcr the laws of the United States. But tbe pleadings shall be tiled and the case disposed of or brought to an issue of fact at tbe appearance term, nnless without, fault of parties, further time shall be necessary; and if nn issue of fact is formed, it shall be sent to the county in which the rennc is laid, unless the conrt for cause shall send it to some other convenient county in the same or another district, to be there tried by a jury of the county, as hereinafter provided. Sec. 6. The clerk of the district court, ten days or more before each term, shall is sue a venire directed to the marshal requiring him to summon fifteen good and lawful men of the district to serve as grand jurors at that term, twelve of whom shall be a quo rum; and such grand jnry shall have cogni zance of offences against the laws of the united Statari and of such criraiual cases only under the laws of the Territory, as the court shall submit to them; aod no ter ritorial case shall be submitted to tbe grand jury unless the party accusea snail have oeeo held to bail, or committed for trial, nor un less the proceedings and testimony taken at tbe preliminary examination shall have been brought into court to be laid before the grand jury; and the finding of the grand jury shall be npou the written testimony so submitted to them, without the personal at tendance of witnesses, uulesa it shall be found necessary in cases now pending in which the evidence has not been recorded. Sec. 1. Every indictment shall state in what county tbe offense was committed, and issue3 of fact arising thereon shall be sent down to that county, to be tried with the issues in civil actions, ncless the court for cause, shall send the same to another county in that or another district. Sec. 8. At each term of the district court the judge shall appoint the times when be will sit in the several counties of his district where issues have been sent, or may be pending, and shall give notice thereof to tbe clerk and deputy clerks in those coon ties, who shall thereupon, at a time to be fixed by the notice, proceed to draw snch number of jorors as the notice shall specify, in the mode prescribed by existing laws, and shall cause them to he summoned as hereto fore. And the judge shall sit at the times and places so appointed, and shall then ami there try the said issues, excepting such as may be postponed for cause ; and the ver dicts, nonsuits, defaults, and other proceed ings shall be noted upon or appended to th papers and sent to the district court in which the causes are pending, and shall be there entered and proceeded on as if such triaL, nonsuits, defaults, and other proceedings had taken place in the said court. And if the jury shall fiud a verdict of guilty in a crimi nal case tbe jadgc shall forthwith pass sen tence ; and he may either cause the sentence to be immediately executed, or, in doubtful cases, he may suspend execution of the sen tence untii a motion for a new trial can be heard, or other supplementary proceedings can be bad in court. And if execution of the sentence be suspended, a writ of execu tion may be awarded by the court. Sec. 9. Every territorial indictment not quashed or otherwise disposed of during the term at which it is presented, shall be deem ed to be at issue on the plea of not gallty. without any arraignment or formal plea, and shall be sent down for trial at the first sit ting thereafter. And no territorial prisoner in actual custody or confinement, shall be conveyed out of the county for the purpose of pleading or receiving sentence. Sec. 10. Recognizances f persons held to bail by committing magistrates, ia terri torial cases, shall be substantially ia the fol lowing form : " A. B., principal, and C. D. and E. F. sureties, acknowledge themselves to owe the Territory of Oregon dollars, to be void if the said A. B., who is charged with the offense of , shall appear in person at the time aud place to be appointed for his trial and not depart without leave." And recognizances of witnesses may be in the following form : "A. B. C. and D. acknowledge them selves to owe the Territory of Oregon dollars each, to be void if they shall seve rally appear in person at the time and place to be appointed for the trial of on the charge of and testify what they know respecting the same, and not depart without leave." And committing magistrate shall transmit the papers and proceedings before them, with the recognizances and tbe testi mony of tbe witnesses, to the clerk of the district, for the nse of the grand jury, with out delay. Sec. 11. Subpoenas returnabjk to the trial sittings in any county,may be issued by any clerk or deputy in the Territory, and may be served by any sheriff within his county, or in any lawful mode. And warrants, attachments, replevins, writs of certiorari, and other process, original and auxiliary, may, when properly issu able, be issued by the clerk or any of his deputies in the district ia which the same is returnable, or by the clerk or deputy in the county in which the venue is laid out of such district. Sec. 12. The clerk and each of his dep uties shall keep in his office a book in which every verdict for a sum of money shall be noted at the time of its rendition, in which the names of the persons against whom the verdicts are given shall be arranged in al phabetical order, and in the same horizon tal line shall be placed in columns, under aj propriate head?, the names of the prevailing parties, and the amounts and dates of the verdicts. And if judgment shall be af tcrwards given npou any such verdict, and shall be enrolled and entered in the judg- meat lien docket of that county, it shall opr. erate as a lien upon real estate within the. county from the date of the verdict. Sec. 13. At the close of each term of the district court, the clerk, without delay, shall make up the judgment rolls, using for that purpose eopies, and retaining in his office the originals of the papers included in tbe roll ; and shall transmit each roll, in which the venue is not laid in his county, to to the clerk or deputy in the county in which the venue is laid ; and the rolls shall be numbered and filed in the offices of the clerks and deputies in the comities in which their venues respectively are laid ; and there upon the judgments and decrees shall be en tered in the judgment lieu dockets of those counties respectively, with the numbers of of the rolls and the dates of the verdicts, if dated, in appropriate columns. And exe cution and final process shall issue out of and be returnable to the office of the clerk or deputy in which the roll is filed. Sfn I In r-apa nr imirmont Vw W - J "Q " J fault, the judgment roll shall consist of copies of the complaint and notice, with the proof of service, and a copy of the judg ment or decree. In cases of judgment after appearance, the notice and proof of ser vice shall be omitted, and the roll shall con sist of copies of the pleadings, and of the verdict, report, or award, if any, and of the judgment or decree. If other mat ters are included, without the order of the