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About The Oregon statesman. (Oregon City, O.T. [Or.]) 1851-1866 | View Entire Issue (Sept. 8, 1857)
:.. wo SALniJ, OREGON TEItL i1ORY, SEPTEMBER, 8, 1 857. Vt! J. ITUMBER 26. 1 C:;i C 1 r I .;Utal- i itiL. .ici-r. -1 r " t t f Ja'a tee grave it - rj i I . C"-torr-e. ii W.ari tales, C i m." -1 ' -" . i Izm aae aoaJss, iuJ t; s kaa !. si ilTu'l 7 "SSi H la at r j, t:se neveta, C lf 11 tttattt, tad lord, Vul Larwarss .e berdet, . H" r erin erNv-Vva hei eaeo-w C 4 "l - I lere-eick stnf , V etiie ti- ereatioa , Ce as seaae res-sat foret news, irr-iifmT.T - v- Or aay (U aatioa. Ta r ef aU eesWstie lor .e t terete see a L.Je mere Cf tret-rat men- of Letia ; Te (TMxr Ua weJ lamra th price C tr t aad sar fratt and rice ; Ike draper, aUk and satin. laer eriea, I waal aser fan. A w.jt aaaeaoaa ar aaa. - A er a ridWl ; r i far Missionary news. I r'aa, yerzsjw, of wiser views, V.i nUr hear a C4C. TW ertia, toa, of claaaie afrm. 4 iacaUaia(adrqaU. Aa 4 aawt a-ist te paper si i-a u.jrery ia, LgUtoawetaaaadaeaaala. l. ecai ti nataat eapar. aaartit cilna, t waat a aaa AJa 4a4 ay variatrt . Var,laaUViata- m AfcL MaaVHra ariaC CaarJ (I enly (tva taaUai) C aawrioas aaaall tkiafa. ...... wtrU ba tettrr, t-: rj CJ. .r tla a a a a. a . a a . - i s l:t 3 t.r. (.rcwr t C-ien r:.cc:::r r?:.-t j tit "-7 3 r sell- : :j ; arrtaa aaw. aara salsa. It aatktataa amy k: fcaat Miaa la kaar af wduiaf pleoty. Far ia tiaaa af (aaarai lata Naaw aaUar fraaa a aecat, tia plala. at aaa ia taraaty. I waat U kaar afdaatka aaya caa, Ct f "fW totaHr nrfm 4 aaaaaav ara ajril feva t Aaalaar aaawara. fall aa wise, . I'd ratker aara tha fiOl aad riaa Of rmoceea akiaa aad baarer. Of frara ar kaaMraaa, wOi ac tana. barr ar law, tia aHtka aaaae, Th kaafatj. ar aaa kamUa; r, Wataer auiton, pant laa aata taat aaaai taa beat to too. las' kat taa fraaMri truabla. C7TUIfarttiara ladiaaiaa taaa aarodlea fala kaaa ia aawailiaa; taa waaa of aapaid - daant ' 0 aaw kapsy ara tkey Wao taa pnatard pay Aad aara aaaarea ap for oaa yaar ar aaon Toagaa eaaaot axpraaa . Tfca great jay af uaareaa, Waea daUaoaeata kara paid ua old acora. Priatara. ail taa day loay. Labor hard for aaoaa-t O. taat all taoir kard tata eoaM bat aaa Tkay kara worked aiffct aad day, Aad af eaaraa waat tkeir pay. To kay tkeir aacar, eaffea, aad tea. Oaa woaM kardly bolia-re Wkat few diaaaa tkay laearaa, papar addraaaed taoack aaaaa. Tot, tia farther below Tkaai For tao 1 people kaow. Or tkay'd pay ap far faar or akaaaa. - Tkle ta&ecrtwriaata driakiaa; aaaet aTentaaHy aaaaa Ha aaark apoa ear city popalatioa. We can aae it already aotraria itself ia the It aa isjsaaeiBH tor ear aaaa to an mtw mm tiaMB a Aav orithAnt rat. rloarly ia ceastitwtioa. Aad wkea ke amta tiie iataaired coaatitatioa to kia i wka ia tara iwyatia it atiQ farther by the a area, n raaaua bttle loreaiCBt to sea taat 1 prapariag a popalatioa for oar cities, that will t la skyeieal fraaM be atach better tkaa tkaee anataaad ehuJrea aalled Asteea, who were axhib- Thia love of ana: aad bar rooau U erery day aaaraaaBBs;. a.Try eay sees freak poisea aaJooas epriat-iac op U rarioss parts of taa city. Erery aUy aaaa oar yooth baeoaaU asara aad store taa I ar taia aaett, for really wa taiak tt awre a aaaaaaaeiaa. It ia bo Ioto for joriaiity afyaatk. T,i tkt rrsaiaun iaiiialsi if i fay rajr Vew who is sowiDc; his wild eats. It la a esU. deliberate eoa&raui kaktt. No ax. raaaaaaor jollity jo pasts of saerrissaat kr are r ins that at least it ia A griai aadj satUaekoly air perradea sack aaaa- Aaa anaaa are aearat out. taa -1 I ti liiatksisiii tii if 1 1 swallows his portioa with tke samn eoaateaaaee he would wear if ke wan eViakiaf a (laaa af pare water.. All tke roacota . ataaas taat partially redeem or excase driakiaa;, aa fcr aa it eaa be redeemed or excused, are waat . laa; ia this sad aad formal ceremony. Tke aetata , ao i.BHiu i . man WW le DO r. bat beeaase tkey have been accustomed 1 it aver aiaee they were boys, aad it has now i a habit which is aaoro larperioaa tkaa if it 1 a passion N. Y. Ttatas. - . , A 1batbS cut SaotrT. Psrsoa B. was traW a Pieae aaaa aad at tke leaf; (race which asaally oUowed the saeala. he aad the whole faaailr rerer- eaUy kaelt, except the parson's brother, who be o'er arach adretr was orer-lookiaf the Oaa day, it waa ssuasser time, ike w aaaaaallr favomd - ut - - - an ua BKifBty acooaa of him brother, who kept twist- W aaeat, aata aadiar aa aad to. thaaks, ka broke " Cat it short. PaxvM cm tt saort ; the oows ara aa the garaaa pUyiaa; k- with tke eabba- X4PI aTT a 8pas op Homes. lAf w . aae is " ae, -tae other-Prime. . , juaddewa kill oar Boyhood Bles the whip of pleasure: yoathfd.1 fcCy (iTas te srefce, naaabeed fomAa theaa at his 1 rip. - taey ra toora aa oak. 1: "lot "E.ya! they're U ' Ct. n ? taera." taa stakes we'll Docket: to tke wind let care be seat; tiasa 9:40 " waia ia aaehat, sire 'aas striae; aad let 'aaa waat.' Oataesany food to&rfy,PriaMi'isdrowDed ia Lathe's straaa;" Aga"ia left, laaaa, aid, aa- awij, BBS aad haeaaas Cawa aja t7"E V. "rra it ap" Death Saita aasteady, seels the race. 77 raat ar aasaO, ia ba briak iaf a I fMdee wfcick aothinc; bat Oat- j Zlr, XIoCCXlICS reeled ttiat lie oTer- ad the resotatioa ia fod faith, aad desired to facilitate bosinaw bj ite adptlon. Rcsa latioa adopted. Mr. CUADWICK mored that the eon- reatioa to into committee of the whole. Sir. Doiee la the chair. The judiciary report was taken ap. IXr. OLNKY mored to refer this reoort back to the committee, anlea tome member desired to amend It. Mr. KELLY desired the motion to be withdrawn, to consider section 9. Motion withdrawn. Mr. KELLY mored the adoption of sec uon v. - . Mr. WILLIAMS stated that this was new leatore, aaa be desired to see it pa-a. lie thought that pnblie oQcere should be tried as other men ara for crimes. air. (auujiu. secuon makes pro- risioa to wet ria or oaccrt for Incompeteu cj and for offences. Section 10 eiret the power to the Qorernor to remore the proa ecu tinfr attorney. He coatd see no good reason tor tma aonoie remedy. iur. vfxjuxsix isivrra toe sections aa iiiey are, because the relation between prosecat ina; attorneri and grand juries was such that improper ad rentage night be taken of it. The legislature should bare the power to present the prosecuting attorner to tho Qor ernor lor remoral. lie did not desire that prosecuting attorneys should be made ex ceptions before grand juries. Rather thaa the proeecating attorney should hare the power orer the grand juries, he would favor the provisions of sections f) and 10. -This section was adopted. Mr. PACKWOOD mored the adoption oi section tu. Mr. MEIOS mored to amend section 10 bj striking out "mj" and Insert shall," so that it will reed "The Uorernor shall re- more, dec. Mr. WILLIAMS opposed the amende ment, and cited the case of Lorinc of Mas sachusetts, who was by address of the lesris- fatare at Massachusetts presented to the Uorernor of that State for remorsl, who re fused to remore him, end the whole country spprored of it. . It was a proper check upon party persecution. Mr. KELSAY favored the amendment on the groand that the section placed too much power in the Governor. Mr. STARKWEATHER favored the amendment. He preferred to trust the leg islature rather thaa the Governor. Mr. GROYER did not know the senti ment of the committee on the veto power of the Governor. The Governor would hare no veto power over the legislature un less the section remained at . it Is in this Crticalar he therefore favored it as it Is. e thought the remoral of Loring would hare been aa unjust thing because it was for doing his duty as a United States officer aad not for an abuse or his duties as pro- oate judge or mat state. Mr. MEIGS sustained the motion on the ground of making officers directly response ble to toe people. Mr. STARKWEATHER offered the tol lowing amendment: Strike out all of lOt section after " attorney" in 2d line and in sert " for corruption in office." - Mr. FARRAR opposed the amendment He thought the section preferable arit is. tie rererred to The case of Mr. Lorins and the legislature of New Hampshire, where officers bad been removed upon address to the Governor, not because they had been corrupt ia office; bat simply beeaase they were not of the black republican party. He did not approve of the provision in sec tion 10 which provide for the removal of the prosecuting attorney by address. . He prefers that the prosecuting attorney should oe presented or the grand jury and referred to a recent case in this Territory where the grand JJ bad presented a prosecuting aiioror r an infamous crime, who was pat upon his trial. He had faith in grand juries and taey would present officers in all cases where crimes bad been committed by them. Mr. WILLIAMS differed with Mr. Far rar aboat the constitution of New Hamp shire, and sustained the section as reported. artber discussion was carried on between Mr. Williams and Mr. Farrar by way of explanation. Mr. MEIGS stated that the . Governor would have the came power with the word 'shall" as the word may," when the whole section was considered. Mr. STARKWEATHER spoke to his amendment. ' The chair decided that the amendment proposed by the gentleman from Clackamas was not under consideration. Mr. STARKWEATHER then support ea ine amendment of the gentleman from Wasco. Mr. CHADWICK supported the section as reported. He did not consider that the proponed amendment amounted to anything. The amendment paoposed to bestow upon the Governor the same power as the sec tion now gave aim hence we would gain nothing by the change. . s Mr. SHATTTTCK orposed the proposed amendment, bat desired to amend the section in other respects. " - J Mr. DUNCAN favored the amendment. The amendment was lost by a rote of 14 "J s aays. . Mr OLNEY offered the oJloVis? amendment to the same section; 'bnt no och Judge or prosecuting attorney shall be twice removed, by the Governor for tho tm " H desired thataa appeal "ould be taken from the n... Z people. This would nrevent th p.m..i any oSoer without a rood canca-nit j for political causes. ... Mr. r akrak opposed the amendment. Ce t!:oe-;U the i:rno;i &fA iLst'.i have tie rrivUcrsXf UL-j Uz.:ih tlslr f::ce t..;r tie Ur t tie t:z cr Uztte, tU tried, tie d'.J tzl kelUre Its trrta I'y tnJ tho r!-U ti itre tt any eta w.'tfc et fjlvtnT V.a a heatj lihU d:r;ace. lie wotli Hve z:-tti:ir He Jnire and frccnUns attorsty aa orrrtnb:ty to be rrd In tlclr dafi e. ' - . , .. . i LTr. Olney ctl.ltl Lis tz.Zi.zzt so t xt those cheers sit Jl htrt vt r--rtn- t y f c-rr t!.::r f.:.zt tt f. -s: -k i no tTCij -icrrr;; :f.;-rrr7 i' 'ir: : -J..l- inc .-ytf r f. iC 'M.li t; - ...1 , . V . .t, hltlt. lr. CLL3AY Wli In favor of turaina a ha eat of office as often aa naay be. For getting drunk for a man If he gets drunk nas an honest heart in hlm-he joins the sons or tempersnee swears off he goes sroand end asks to be made a lodge he is pnt on the bench again. Now put him oa the bench, he gets drank. Now take the gentlcmaa'a proposition. He was in favor of the legislature to remove him. . Mr. OLNEY explained that the gentle men misapprehended the amendment, which states that the Governor shall not remore an officer twice for the same cause Mr. Uf. CELL Y.t, ;;-.i the amendment--amcsweKt lost. .', . ; - ' .. . t Ml. FAnnAtt t ..ii to Imend by in- sertloj "or eny ct r power," aad spoke in stj'port Of his scr'jent. . TL$ csl'a was tost ' Coamittee rose and conrrntion sdjourned, Vr. OLNCT r-vti to strike out "leg - trneral assembly." it on the ground 1 about the name, and J as at present wes lalx..rt-ll I. KLLL ' of tt t Is. eontex; f ttst t cellar t ! rzz rresient of the Senate." Mr. KELLY opposed the amendment. Mr, W ATKINS favored the amendment. Amendment lost. Section adopted as amended. Mr. OLNEY moved to amend section 5, by striking out " at tho next regular session thereof." Mr. KELLY opposed the amendment. Mr. APPLEG ATE moved to emend lost. Mr. WILLIAMS moved to strike out section 7 Tvesbt: a. Sept. 1, 1 8ST Mr. MARPLE oSered a substitute for the jod'dary report ' which Was referred to the jsw.'clary committee. The substitute provides for a supreme court apart from the rfUtrtet court, consisting of one chief Jns- ucs, nntu sucn ume as the people saaii sig- n.ry i&eircsslre that the number be Increas es, ana tiat then two associate justices satl be added to the suoreme bench. He stiU farther f kM the atject cf III $jUzt is to prevent z?r tt jiktjjt ijre free passing in the sopreme Mr. KELLY was opposed to striking out on the ground that the D resent Govern- KELSAY stated that be did not .or knew more about Orearon than anvhod like the amendment, any how. else. Messrs. Grovcr, Farrar and Williams Mr. BURCH mored to strikeout pro opposed the amendment. vision giving the Governor power to call Mr. OLNEY in support of the amend- out forces to execute the laws, . &c. He ment read from the constitntions,wberein he believed that it belouged to the article upon found similsr provisions as those contained the militia lost. in his amendment. lie stated that he ac- Mr. WILLIAMS moved to strike ont cepted the suggestion of the gentleman the clause contemplating the creation of a from Multinoinah (Mr. Farrar) as part of eonncil composed of officers of State, to his amendment, but finding that gentleman control the action of the Governor in grant- tirt upon their own nets and opinions b Mr. STARKWEATHER offered the following resolution t That the Governor of. the State of Oregon shall receive an annual salary of $1,200; the Secretary of fltate $1,000; Justices of the Supreme Court $1,500; and county jadges, auditors, treas urers, sheriff, coroners, and surveyors such compensation as provided by law. On motion of Mr. G rover laid on the table. The military article Was, on motion or Mr. Kelly, ordered to be engrossed aud read a third time Thursday ry world be increased. The people expec ted we were to have a treasurer. Every CUte in tl UcJon bad ssch an o2cer. Mr. T7AYMIR3 tnoe-t there waa prae tieally -oaaloa of pares and sword, for with the emrty treasury We should have no purse. As soon as a dollar was paid into the treas ury there would be somebody to draw it out. and doubtless there would not be cash enough to pay the demands. If the Gov ernor bad to use the sword it was more likely he would have lo use it to compel the lerifiialare lo increase the taxes that there Hit benocrh Inthe ncrts ta meat th (Scwtfids npoo it. Ho thought there would be a great savins;, for' what would pay a treasurer would pay the Governor and treas urer unitedt and we wanid eet the Uorernor ror nothing. . JIis pgnres for Governor were (3,000. Bat if be was not to be made treasurer he would not rire him one dollar otr $G00. It would not interfere with the duties of Governor. . s Mr. BOISE was in favor of the union.- The tresturef was not employed one month in a year in the transaction of nts duties. j The phrase, union of purse and sword orig inated in hnglaiirt, f ud had no applicability here. The Governor could no more use the public funds if trefluorer than if not. He CarapUIl, c? Less, Dcacan, Fitxbugb, Holt, Moores, Vzt:T, iri'bols, Neweomb, Rob bins, Stark trc-tfc 7ayarire, Wiilians and Mr. Pres.V :;t IX t Naji LlirJa, of tlnn. Card, Crooks, Coyle, Cair -.'!, cf Gaekamsi, Elkins, Orover, He- tL Celsay, Kinney, Kelly, Xrple, licl,. lli, 2 riConcickIeis, Olney, Peebles, Prim, Ltrt Shaanoe, Smith, FhielJs, Ehattjx, Cartt, WWte, Watkins, Watts and UtitUJ 3, Adjourned. .. Mr. M ARPLE moved to strike out three could not pay out 8 dollar except in accord- opposing the amendment he would now withdraw it all toiretber. Mr. KELLY offered the folio wiujr amend ment: After the word "concur" iu Sd line in section 10, insert "for incompetency, corruption, malfeasance or delinquency iu office or for other sufficient cause stated in such resolution" adopted. - - Section 10 waa then adopted. Mr. GROYER moved to take up section 18 adopted. Mr. FARRAR offered an amendment which waa lost. ' ' Mr. PEEBLES moved to strike ont all after the word " ability" in 3d Hue of sec tion IS. . . - . . - Mr. KELSAY opposed the amendment. for the reason that a judge ought lo be eli gible at any time to aa office, or a seat in the U. S. Senate. Ha was opened to pnv motion. If the judge was booest. it is the only test he makes. A judge, honest in his politics and sentiments, he was in favor of. tie used tnis test ror omce. and wanted, no other. Mr. McCORMICK opposed the amend ment. He favored the section as reported as it was reported it favored no partr. but bad an object iu view beneficial to all. Mr. WILLIAMS prefcred the section aa it is, and opposed the amendment. He illus trated bis remarks by referring to the case of Judge Trumbull of Illinois, . who waa elected to the United States Senate by the assembly of Illinois in violation of a provis ion of the constitution of Illinois, similar to this nndcr consideration. Notwithstanding I The treasurer's fees the constitution of the United Statea pro pretty good salary vided ror electing senators he believed that if this principle was incorporated into this constitution it would prevent any lodge holdiug office ia the future State, from ac cepting any other office while on the bench.1 Mr. WATKlAo inquired If the oath re ferred to offices which were to be tiled by the people of the State, and foreign ap pointment. - Air. VYJLiJjIAais replied that be sup posed the incumbent would consider himself bound by the oath in any eveut. Mr. rACKWOOD favored the section as reported. Mr. MARPLE opposed the section and favored the amendment. - v The amendment was lost. On motion of Mr Kelly the committee rose and reported the bill under, considera tion, back to the convention. Mr. KELLY moved that the report now before the convention be referred to tho ju diciary committee adopted. .- . Adjourned. ing pardons. He thought Governor's coun cils antiqnsted and old fogyish. He be lieved the responsibility should be Imposed upon the Governor alone, and that thus the power would be exercised more carefully, and with better judgment Besides the council would increase the expense. Mr. KELLY was indifferent to the fate of the motion. The provision bad been bor rowed from the constitution of Indiana. In some of the States complaint bad been made of the too free exercisebf the pardon ing power, and this had been the occasion of this council. But It was hardly Probably that there would be ground for complaint in this respect. Mr. WAYMIRE opposed the motion He thought the check would prove a salu tary one. Petitions for pardons were easily obtained, and pardons were not seldom in considerately granted. The motion was adopted, yeas IS, uays 15. ' - . - - - - - Mr. G RO VKR -aaoveaVtw aasend by strik ing out the provision declaring the term of office of Governor to commence et the Sd Monday of J senary, 1858, nnd making the terms commence at such time as may be provided by law, or by the constitution adopted. Article of administration department was taken ap. Mr. WAYMIRE moved to strike out the office of treasurer. It was proposed to give the Governor a good salary, and he thought he could transact th duties of -treasurer. - alone, would make a for the Governor, and not mncli in addition would be required. Mr. KELLY said he had no objection to strking oat Bat be thought the time might come, when we became populous, that we should need a treasurer, lie would provide that when the population became large the legislators might create the office of treas urer. Mr. WAYMIRE thought it would be 50 years before we should need a treasurer. Consolidate the offices, and we decreased the taxes. and insert one, as the term of years which the Governor should be required to reside in the Territory before being eligible to the omce. lie tbnnc-ht no qualification should be required other than those of an elector- be offered this as a compromise. He tho t the resolution would retard the settlement of the country motion lost. Mr. WAYMIRE moved to make the term of office of Governor four years in stead of two, Hie reason he said was Op- parent. Mr. SMITH favored the motion. We, in common wun tne rest or the werid were governed too runo We had electious too frequently, and bad too much legislation of a local character. Statutes were enacted one season to oe repeated the next, ir we only had biennial sessions of the legislature, let the Uoveruor be elected for two terms. His salary would be small, and he bad al ready been required to reside at the sent of government. If elected from abroad with the salary he would get, be could not afford to remove for two years. a a tf tsvie w-a . k . . ar. HAtirLb thought two years enough." He believed four years would be objectionable to the people, and that they would vote against the constitution. He was in for aunuul elections and annual ses sions of the legislature: In this count rv where we had nothing done, and everything to no, annual sessions were necessary, Mr. WAYMIRE said there waa so Stata In which the Governor did not bold over two sessions of the legislature. And he ought to hold over two here. The motion was adopted as follows: tai Messrs. Brattain, of Linn, Bris- tow, Brattain, of Lane, Babcock, Boioe, Bnrcb, Cox, of Mariou, Crooks, Coyle, Cox, of Lane, Campbell, of Clackamas, JJuucan, Ulklns, FiUbngb, Grover, licit. IV r I say, Kinney, Moores, Mntzger, McCor mick, Mcbols, Neweomb, Olney, Peebles, Prim, Pack wood. Bobbins, Smith, Shields, atari weather, Waymire, Williams. Watts, Watkins, Wbitted and Mr. President 38. Ajr Messrs. Selly, Marple, Shannon, snort, diinttucl, Scott, White 7. Un motion of Mr. KELLY, the article a nee with law, and if be did, bia bondsmen would be liable. The idea here was a phan tom. We had neither pdrse or sword., It was said tbnt mch union had never taken place in any other State. No other State had been situated like this. Few States had gone into the Union with as sparse a popu lation as we have. . To create separate offi ce, was to give them to a set of leeches who would always hang about a seat of, government, wherever it was Salem, Cor vallr, Eugene, or elsewhere, for you could not give sncn salaries as would enable per sons from abroad to take them. We would be more likely to find an honest and respon sible treasurer iu the person cf the Gover nor. It would be a sarin? also. Mr. SHATTUCK should oppose the amendment ; it was an innovation,, aud be fore innovations were entered upon, they. should be seen to bo clearly necessary. It was said it would be matter of economy. He looked npon it as a regular tin-pedd!er arrangement it bad not a business face about it. In case of resignation or death of Governor, the Secretary of State became Governor, and ' a he was auditor, ton had auditor and treasurer united in one person. . Mr, WATKINS was opposed to experi-i mcntiug in this constitution, lie was in fa- vor of a cheap and simple government, bnt would not go about experimenting. To unite the office of treasurer and gorrrnor waa to oroote opportunities ror Traad and speculation. He was opposed to it. Mr. WILLIAMS thought the union of Governor and auditor wss more natural than that of treasurer, though he did not conceive that there were any substantial objections to the onion of either. Oue argu ment in favor of ucion was that it would be followed by a respectable salary. He would not give a Governor $600. He had better maul rails it was just as respectable and more lucrative. He would be ashamed of a constitution with a 8600 Governor. It won Id be langbed at abroad. It was no ob jection to this union inat it was an innova- vation ; it was no objection to a good meas ure thnt it was new. Neither was it an ob jection that it was old. He saw no danger was amended so as to render the Governor of defalcation or fraud. There would be ineligible for more thso four in any period 1 little or nothing in the treasury. He should ArrcnjrooN Zumox, Sept. 1. Mr. GROYER called up the resolution ordering the printing of 800 copies of the joornal of the convention. It was a matter of indifference to him what disposition wo msde of it ha merely wanted it definitely disposed of. The resolution was lost. The article on Corporations and Internal .Improvements was taken np. Mr. BOISE moved to strike oat general assembly and iasert legislatdre as the name of the legislature of Oregon. Mr. WILLIAMS preferred general as sembly to legislature. . Ia making speeches legislator was sometimes confoanded with legislature. Mr. MAUPLE thought legislature watf the most modern. There were several reli gions denominations in the coon try which held what was called general assemblies. He loved religion and be loved the bible, but he wanted to keep the terms distinct. - Mr. BOISE had made this motion be cause he supposed the convention had so de termined. He preferred general assembly himself. , Mr. WILLI A M3 did not understaad that the convention bad settled this name Mr. KELLY thought it bad. He was . for legislature it meant something. There were religions bodies in the country, as had been said, which held general assemblies.. Mr. DEADY preferred legislative assem bly as that was the name used in the oriraar iiclaw, and in our statutes. We had get j used to it, it was eophonions, and descrip tive. He moved legislative assembly. Mr. , Uoiso accepted the amendment. - Mr. OLNEY was for legislative assembly it had become a part of the hsngnage of the eoontry. ' ' . Mr. WATKINS preferred legislature that was the word they used down east, ' where.be come from, Mr. KELLY moved legislature, Mr PACK WOOD had been looking over the constitutions and found! most of them had general assembly, particularly that, of Indians. ' Now he had proposed several little amendments at various times, and they had all been voted down because they did not conform to the standard Indiana. (Laughter.) He shonld take pleas ore in voting for legislature just beeaase it was different from the Indiana constitution. : Mr. GROVER saw no reason tor chang ing the term found in oar statutes, aad the term with which we were familiar. He pre- " ferrerf legislative assembly. Mr. McBRIDE preferred legislature as it was the term commonly employed fm des ' ignating the body it is applied to. Legislature was lost, 10 yeas, 32 nays'. : ' Legislative assembly was adopted. Mr. KELLY moved to amend so that the legislature coald not repeal a cornora- rtion law so as to effect any vested corporate laws. Committee rose and the convention ad-, joorned. of eight years, Mr. PEEBLES moved moved to strike out eight years, removing tho restriction lost; ayes IT, nays 28. . ' ' - Mr. WAYMIRE moved to substitute eight for four years adopted.'' ' Mr. PACKWOOD moved to strike ont support the motion. Mr. SMITH said to get a Governor as a treasurer, because we can't pay a Governor as such, is to plead the baby act in advance. If we can't afford to hare a Governor, let us adjourn and go home, and tell the people they are not able to support a State gov eight and insert twelve, so that the Govern-1 eminent That they hare anticipated the Mr. BOISE was ia favor of making tho or would not be eligible more than eight Aitebxoow SxssioM, 81sL . Convention came to order. Mr. Grover in the chair. Mr. OLNEY moved that the roll be call ed, present 88 members; 28 absent. t Mr. PEEBLES offered a resolution set ting forth that 800 copies of the journal of the convention be ordered printed. Mr. KELLY was opposed to it on the ground of its expense. ' Mr. McCUKMiUK. moved to lay the resolution on the table carried. Mr. PEEBLES moved that the conven tion resolve itself into committee of the whole.- : i : Mr. KELLY moved to take up report No. 5. on the executive department. Mr. OLNEY moved to insert the word supreme" iu the first line. -Mr. GROYER moved to erase supreme and insert "chief" carried. Mr. STARKWEATHER moved to strike ont line three in section two. Mr. KELLY was opposed to the amend- mendment. Why shonld a man be elected our chief executive who bad only jnst ar rived amongst usf A man should know something about the State before he assum ed to take into his hands the reins of the government. ' Mr. STARKWEATHER supported his resolution in favor of the amendment. " He thought that no shackles should be put upon the people in the choice of their officers; no evil could arise from so doing. Mr. MARPLE was in favor of the peo ple selecting their officers withont regard to in n w rcsiuence. Mr. WAYMIRE was ia favor of limit- Governor ex-officio treasurer for the present and empowering the legislature to create the office of treasurer at a specified time. Mr. WAYMIRE had no objection to this if the tiiul was pnt 20 years. Mr. BOISE said the convention could fill the blank with such number as they thought proper. We should give the .Governor such salary as would enable him to live at the capital, otherwise none bat citizens living there could afford to be Governor. If we constituted him treasurer, we could afford to give him such salary as would enable him to reside at the acat of government. Mr. KhLbY bad misgivings about unit ing these two offices it was a union of parse end sword. " Ia case of defalcation in treasury department, it would be the duty of the Governor to cause to be pot in force the law against bini. Of coarse he coald not do this if be was both Governor, and treasurer. ' Mr. KELSAY said if he was made treas urer bonds would be uecessarry, and it would bo a novel proceeding to require the Governor to give bonds. .... Mr. GROYER saw no difficulty in uuit ing these two offices if it was desirable. The Governor of the Territory had always been treasurer of U. S. funds, and bad given bonds as such. . The amendment was adopted. ' ' Mr. PACKWOOD moved to strike ont the provision declaring the Governor ineli gible for more than four in six years lost Mr. WAYMIRE moved to fix the time when the legislature could sever the offices of Governor and Treasurer at 20 years lost. : . Somebody moved 15 years lost. . Mr. KELLY moved 10 years carried. . Mr. KELLY mored ta require the Gov ernor, while Treasurer, to keep an office at and reside at the seat of government, in the same manner as Secretary adopted. Mr. PACKWOOD moved to define the doties of the clerk of coanty court to be clerk of circuit eoart, coanty and probate clerk and auditor carried. Mr. WAYMIRE moved to strike oat the county , treasurer, and make the county I years out of any twelve adopted. Mr. DUNCAN moved to anieud so as to requiro the Governor to reside at the, scat of government.' .-... Mr. KELLY said that had already been inserted in the 'administrative article, aud ne thought it more properly belonged there. Mr. SMITH was opposed to the provi sion anywhere. He thought the Governor ought to be permitted to reside where he' chose. He would be here when any impor tant business was to be transacted, and that was all that was necessary. , Bnt if jou were going to require him to break np bis business, and reside at the capital, boild him a residence, and give hint money to feed people with, for he would hare it to do. lie conld better discharge the duties of Governor with a salary of $1200 and reside at his home, than for $2000 nnd reside at the capital.' He was opposed' to making him treasurer also the union was unnatu ral, and nothing would be saved by it, -for if you made him treasurer yon had got to pay him the treasurer's salary. This way of saving would be fonud txpensire iu the end. ' - "; " m w-W avwa a mw- ' - at a Air. ut iA.rs was in ia vor or incorpo rating this provisiou somewhere in the con stitution. Men coming from the ' extremes or the Territory to see the Governor, waut- ed to know where to find him Mr. PRIM was in favor of the motion- it was necessary to enable person residing at a great distance from the capitol to accept tne omce ot uoveruor. The motion was lost, and the article ' or dered to a third reading. - Administrative article was taken' Up. Mr. SMITH opposed the amendment of committee of the whole making the Govern or treasurer for three years. He thought it would not result in nny saving of expense. The theory of onr government was 'that the pnrse and sword should be kept separate. I lbe character of your Governor would not furnish an ' absolute guaranty against im proper conduct. The greatest defaulters, and the greatest criminals of recent years had been men of unblemished reputation men who stood hiarh hi church and State. inflow treasnrer. It would not taka fifteen II von wished to iniDOse other than tuber- norm system in government. . wo w ing the office to those who bad resided 4n dollars worth of time for the county judge oatorial duties upon him. make him eqper- not able to have a State - with officers like srnora XTm m r I j: i .v. .)...: r j I -.r nKii. inctrnitiAn . I nthor States. let OS remain as we are. . j.i J " IWI m I (UaCUarKO tUS UI(HW VI USMUI CI , wiu WO I lUbCUUtU VI I'Mviiw -- , the State three good acquaintance before be bestowed favor apoa any man,. The amendment was rost. Mr. KELLY moved that the word within" be changed to " of." Mr. MARPLE moved to amend lost. . Mr. KELLY mored the adoption of sec tion 3. . , . ,. Mr. MATZGER moved an amendment to strike ont " or under this State." now pay a treasurer from $400 to $800. . Mr. WILLIAMS thought this anion im proper. .The judge was auditor, and when auditing a claim must draw a warrant on somebody, and it ought not to be on him self. His. warrants in the hands of the treasurer, wonld be a means by which it conld i be ascertained if be had . conducted the business honestly. Mr. WAYMIRE saw no difficulty. Mr. MARPLE was opposed to blending these offices the Governor had eaficieut duties of bis own, ; Mr. KELLY thought the people wonld look with distrust at this anion. It was no rhetorical Sourish that the parse should n6t be united with the sword. . It meant come1 thing In a republican government, --.Besides, nothinar was saved. If we made the Gov- 1 ernor treasnrer, it was expected that his sal- time. He was for a Gov'nor and a treasurer. and be would give a Governor $1,500. - He wonld have no foOO Governor. It was as sumed that we were to have nothing in the treasury Chat it was to be paid out as soon as it was paid in. Was it to be said that this State was to have no public fundsf- Are the people inhabiting this land of gold a people possessing more wealth to the head than any other in the world, to have nothing in their State treasury? The peo ple or this country were not ' bankrupt, and they did not wish us to try dangerous ex periments to save picayunes, and not unlike ly lose thousand in the experiment. It was said that the treasurer's duties could be performed in a month.' So it conld, and in less time, if the money was : all paid in and ont, at one time. - But it was paid in at various times during the year, and repaired him to be at all times in his office. If we Can't afford to have the necessary officers of a State and pay them respectable salaries (not extravagant ones) let us remain as we are. Mr. KELLY said the duties of Governor and treasurer were different. ; The first wanted to be a statesman a man of gene ral knowledge of the wants of the State and of enlarged views of public policy. .The latter was simply required to be a good ac countant. If we ouited the two, wa shonld in electing a Governor, have to institute an iuquiry as to whether or not he was a good book-keeper. : ' v' - Mr. WAYMIRE was opposed to making offices and paying officers to keep up appear ances keeping op appearances had ruined more men aud sent more souls to perdition than-all other causes combined. He did not care what people abroad thought. Mr. KELSAY was opposed to the con solidation of offices, and opposed to uniting these. The principle had worked badly in onr government. - He did not endorse the doctrine that the people of Oregon were poor; they were richer than any people he ever laid eyes npon, and he had travelled over some of the States. Our country was full of the resources of wealth, and some day would develop all the riches of the great Empire State. He did not like the one- i ; other States, let us remain as we had to consolidate offices which onght to be separate to have a State, he was op posed to a State, - Mr. QJNE thought the consolidation wrong, and that it wonld result ia evil con sequences. ; ' ; ' - , The amendment to consolidate was lost, as follows; . ' . Ytos BriStow, Brattain, of Lane, Bab cock, Boise, Cox, of Marion, Cox, of Lane, Wedxksot, a. , Sept J, 185T. - The convention went into committee of the whole, Mr Smith ia the Cltair, and took np the article on Corporations and Interna! Improvements.. Mr. MARPLE mored to strike out the clsnse making stockholders ia incorporated companies individually liable without limit, and have all claims for labor perfbrsaed aa become liens npon the property of the coae pauy. The provision he said would forever prohibit the investment of foreign capital ia . internal improvement, if it did not likewise forbid investment of home capital. Th mechanic vr laborer performing service kadi ample security in his lien upon the property of the com pony. Mr. GROYER hoped the amendment would not prevail it was crude. He thot some amendment necessary,, but more ap propriate language conld be used. ' Mr. KLLLT moved to amend by makins stockholders liable for the debts of the cor poration, to twice the amount of his stock.. withdrawn.- 1 . -j Mr. KELSAY went for individual liabil ity without limit, for the debts of the eon pany of every kind. .He would have theaa responsible to the last dollar they possessed. lie wouju give tne legislature power to limit. " -r "'-.-' ' Mr. MARPLE requested Mr. Grover to, change the language of ; bis amendmeok; which was done and accepted by MrN Msr- P1- ... . " Mt. tsuisti hoped the araeadtseot would be voted down, it saeaat nothing and it pro vided for nothing. - The amendment was lost Mr. PACKWOOD moved to make stock holders liable to the amount of their stock. Mr. McCORMICK was for the substance of Mr. Packwood's amendment but thought he had it in mora definite language. Mr. KELLY thoturht there should oa some limit to the liability of stockholders be wonld fix it at twice the aaaoaas os stock. If there was not some security of thk kiac -no prudent man would ever invest his capi- . tal in corporations. If be could be bank rupted by the folly or -recklessness of asso ciates, wboae acts he waa powerless to coo- " a. . a w trol, of coarse no intelligent man wonk) take the risk. " ' :" Mr. WATKINS would amend so as to place all creditors on aa equal footing, aad ' make stockholders liable for the amount of their stock for all debts alike. ' Ha saw no reason for prefering the claims for labor. - Mr. DEADY-thought there was no reas on for the distinction between debts for labor performed, or incurred ia any other way. What was the difference between the naa who worked for a corporation directly, or the one who should go into the woods, cat timber, saw it, and sell the lumber to we company? Was the one debt more saer4 fhaatheother? HcwaaotesciafeiBsi. V iy to enterprises of this kind, bat Cy were, common to this age, aad wa aad got to deal - with them as an existing net. .uow warp these companies . asaaly based? Sa9 smart, shrewd men m wso country, ssen wwa