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VOLUJME 7.
SALEM, OREGON TEltUITpllY, JANUARY 19, 1858,
NUMBER 45:
II X III III . Ill III III ,. If I 111' I I
Qrje Oregon Statesman.
MlinSL BVSII, Pnprtcur and Editor.
nwjtt- P Wmhedirwkly.it Art floRan per nnnnra.
S STr;
if aM ia advance,
ti?LffiZr:,-S:,,?"Z"d "av"m"n
ADrKTrtixo-neMriaiT.(tireirehnMorIe)thr
aMiaw. w;ior weryiaaiuwu i,
unernuifdfntfam.
w.Traiiit advertisements mast be pre-paid to in-
SKotESto a.rtie.lir.nt. heir., dircrro.iu.eh -
Mat. and all tenl notice, if not pre-paid. will be chr-
wawthe.ttnrneyacderinrthewinepnMihed.
Treaties M the United Sutea.aod tbe Uwnd
Resolutions of the Territorr ot Orcjron . by authority.
at Cemtle
A pportSon nxent
of Del
galea.
democratic Territorial eonTention
The
wVtch assembled in Salem in April last, de
clared Tn substance and effect, that a Terri
torial or State partisan organization, not
less than a rational partisan organization,
possesses the inherent power to conserve
its own existence. And that, to this end,
och local organization may, n::d ought to,
. expose and repndiate traitorous and hypo
critical conductors of the press, professing
to publish organs of the democratic party;
or other men, either in public or private life,
who consort with our enemies, and refuse to
conform to the usages of the party.
The foregoing declaration on the part of
the democratic convention, notwithstanding
It was fully endorsed and sustained by the
democratic masses has furnished the occo-,
sioa and the material for assault and con
troversy on the part of the disappointed,
contentious and disaffeted softs, whose only
mission is the disorganization and defeat of
the genuine democracy of the country, if
they can, by any manner of means, com
pass their eud.
But the misrepresentations or, and false
boods concerning, the "Salem- platform,"
having been successfully exjiosed, , the au
thors of these misrepresentations were, un
til very recently, left without capital- stock
In trade. Bat true to their instincts hav
ing failed in their pursuit of one feigned
cause of fault-finding and disaffection they
scent out another. This they find in the
late act of the democratic central commit
tee, fixing the ratio of representation in the
forthcoming Stateonvention.
We do not intend to gratify the corporal's
guard of grumblers in this Territory, by any
extensive notice of their new hobby, or the
specious and muddy reasons or arguments
which they have, or may hereafter urge iu
Its support. We ere not ambitious to lend
our agency to magnify the importance of
tbe successive disingenuous shifts, quibbles
and turns which the spirit of disorganiza
tion may take. If tbe little squad of dis
organizes to whom we have reference, are
determined to persevere in their course, and
they are fully resolved to repeat their efforts
to "rule or ruin," be it so. It may be that
- they have counted the cost. It may be that
they have not beeu sufficiently warned, and
that, for them, the past sheds no light apon
the future. Jf nothing will do them 6hort
of a third, or separate organization a di
rect affiliation arid thorough amalgamation
with the Fpcckled and heterogeneous en
emies of the democracy beit so; we say
to them "go in lemons and be squeezed
aad then, "we shall see what we shall see."
Bat we commenced this article for the
purpose of speaking of the apportionment
of Delegates to the State convention. We
intend to do little more than to state the
history of onr conventions, so far as .! ,
several apportionments of delegates ore
concerned, and to declare the justice and
eqaity of the present apportionment, npou
the basis of the democratic vote of the Ter
ritory. . So far as the facts are concerned, they are
imply these : the present chairman of the
democratic central committee of Oregon,
bas served successively, in the same capacity,
ever since the organization cf the democratic
party here. . As the first step towards the
organization, the democratic mem'jers of the j
Legislature in January, IsoZ, appointed a
central committee. At the time, of coarse,
of the organization of the democratic party,
or the calling of the firt convention,
the central committee could neither estab
lish or publish any other basis of represent
ation in our conventions, than that in the
Legislative Assembly there being no demo
KTMlic or party vote on record upon which
the representation conld be based. Since
the first organization of the party, the same
chairman has continued to act, and he calicd
fbe several conventions of '55, '55 and '5T,
leaving the basis of representation the same
that it had been. There has never been
any action whatever upon this subject by
ny Territorial convention. The conven
tions have always acquiesced in the appor
tionment made by the central committee.
And, in fact, there has never been a meeting
of the central committee prior to the one
recently held. The members of the central
committee, residi ig at remote and distant
points from the place of holding the conven
tions, have hitherto authorized the chair
nan to call the convention, and have acqui
esced in bis action. The last Territorial
convention greatly increased the number of
the central committee. In view of the for
mation of a State government, and the in
creased importance of tbe forthcoming con
"veation" the chairman of the committee
eleemed it better to call a formal meeting of
tbe committee. The committee met, and
after a free and full discussion of the whole
matter, a majority of tbe members voted in
favor of adopting, as a basis of representa
tion, the vote cast at the Jane election, in
1857, for the nominee of the democratic
party for Delegate to Congress.
As one of that committee, we voted in
food faith to base the representation
oa the apportionment of the constitution.
Bat that proposition failed. We so voted
chiefly for three reasons. First, because
the practical result of the one or the other
mode of apportionment is substantially the
same, and therefore no great wrong would
be done to any section by its adoption ; and
nacoodly, we were anxious to avoid the
ligfavtst occasion or tbe least opportunity
for fault Anders and disorganize rs to set op
a growl. Ia Vie third place, we preferred
thai the State contention should first recom
tsccd the adoption ot the party vote basis.
j Though, we had no doubt of the right of
I the central committee to at once adopt it,
tinder the circumstances, (the party never
: having directl fixed the old basis, and there
being none, except that established by the
commute,) and the propriety of
j their doing so. Indeed, n change teat inert
I taole. Tor tht former basis had been the
representation In the Territorial Assembly
a most unequal one, a conceded by all
There was bo proposition to continue that,
j made in the committee. Mr. Wait moved
! M substitute for that, the legislative rep
rcseniation in tne constitution. As we lie-
fore stated, we favored that motion, for the
reasons aoove mentioncu. uut, we luvored
reasons above mentioned.
as the ultimate basis, Me parly vele, believ
ing that to be right and just. And we sta
ted, in the committee, that we hoped, and
roundenliy expected, should Mr. ait's mo.
tion prevail, that the Grst convention held.
would direct the next one to be calicd on the
basis of the democratic vote. The commit
tee decided to adopt that basis at once, nod
we cheerfully acquiesced. The action of
the committee was both right, and regular
there is abnndant precedent for it.
We have at all times admitted that the
basis of representation adopted by the com
mittee was, in the abstract, the most just,
fair and equitable that could be adopted;
and that if it had been practicable, it ought
to have been adopted from the beginning.
ve aiiow, nowever, in tne lanaunse 01 tne
Declaration of Independence, that "man
kind are more disjiosed to suffer, while evils
are suuerable, than to rjght themselves by
abolishing the forms to which they are ac
customed." If the committee had agreed
to adopt the apportionment of the constitu
tion, they would have so done as n mere
j matter of expediency, and not because it w as
tue most just.
So much as to the history of the matter
nnder consideration. Now, what is com
plained of? It is that the apportionment of
delegates to the btate convention is made
upon the basis of the vote cast for the nora-
j inee of tbe Democratic party for delegate to
congress, at tne wune election last rear, in
stead of npon the aggregate population of
tne several counties, as to be represented in
the legislative assembly. We cheerfully
submit tbe question to the democraey of the
Territory as to which is the most proper ba
sis. Surely the representatives of the de
mocracy of the Territory, acting a3 dele
gates in a convention of" tha party, repre
sent nobody else than democrats they do
not represent knownothings or black repub
licans. And it niut be conceded that there
is no other satisfactory mode of determining
the democratic vote of the several counties
than by the vote cast Tor the regular nominees
of the party. 'o honest or consistent dem
ocrat will complain of this.
Suppose there are two thousand voters in
each of the counties of Linn and Marion.
Suppose those of Linn are fifteen hundred
democratic, and five hundred opposition.
Sappoea iUom at Harion are just the re
Verse, or fifteen hundred opposition and five
hundred democratic. Will anybody pretend
that the five hundred democrats of Marion
ouht to have the same voice and vote in
making democratic nominations that the fif
teen hundred of Linn have? Snpiiose there
were no democrats in Marion, but the whole
two thousand were opposition onglit Ma
rion then to have the same number of dele
gates :u a democratic convention that Linn,
with fifteen hundred democrat, has? No
body will pretend this. Yet such would be
the principle of the population bas, or the
basis of the constitution representation, for
that was based on population. . Delegates
to a democratic convention, represent -demt-erats,
and the justice of basing such repre
sentation oiou the democratic vote is manl
iest. In the counties f Polk, Linn, and
Douglas, we understand the democracy have
heretofore based their representation in their
conventions upon the deinocrat'c vote.
We submit to the action of the comrnit
tee because it is right in itself, and because
that committee is the regularly appointed
organ of the democratic party of the Terri
tory. It ia madness to expect the commit-
I tee to revoke their call, and issue another at
the iCTUnce of those who did not vote the
democratic ticket at the last election. Those
who are not disposed to acquiesce can eitlrer
appeal to the convention itself, or unite with
the enemies of the democratic party and es
tablish their own basis of representation to
suit themselves. Some of this class Appear
very anxious to represent the black-republican
voters of the Territory; but they will
doubtless learn that 800 or 1,000 democrat
ic voters in one county will not tamely sub
mit to have their votes in democratic coun
cils balanced by the votes of a like number
of black republicans and pizzurrinctums in
some other county or counties. If men are
anxious to te indS'M a democratic ap
nnrtionment. thev mnst learn to vote the
democratic ticket. We kuow of no other
way. This view of the sabject may not
prove consoling to certain parties, but we
cannot, and care not to, help it.
"The Expedition to Fight thb Emi
grants." This subject, or the pay of "Capt.
Walker's Company," is up in the Lcgihla
ture, as we stated last week. Capt Smith,
of the U. S. Army, was at that time in
command at Fort Lane, in that section, and
is perfectly familiar with the whole subject.
It is alleged by some, that the expedition
was unnecessary, and was devised for pur
poses of speculation. Would it not be well
for the Legislative Assembly to adopt a
memorial to Congress setting forth the
above facts, Capt. Smith's familiarity with
the matter- &c., and ask that Congress au
thorize the War Department to commission
Capt. Smith to report upon the necessity of
the expedition that report to be made the
basis of the future action, or non-action of
Congress with reference to the claims as
Capt. S. shall report? This is the least the
Legislature should ask for, at the preseut
time.
Frtjit. Mr. J. H. Blacker, of Clacka
mas county, has our thanks for a box of
choice apples, per "Enterprise." They were
of the best varieties, and the largest and
fairest samples. No present conld hare been
more acceptable, and we make oar lowest
bow to the generous donor.
' ' State Convention A. MUtakc.
The Central Committee, In establishing
the representation in the coming State Con
vention, awarded to each county ono dele
g.ite for every seventy-fire vote9 thrown at
the last election for the Democratic candi
date for delegate to Congress, and one for
every fraction of forty.
In the hurry of ascertaining the uumber
of delegates the several counties were enti
tled to, some mistakes were made. Josephine
and Douglas did not have the number award
ed them to which they were entitled Jlhcy
were short one each. They ar both enti
tled to five delegates instead of four. Yam
hill was awarded one too many. She is
entitled to three, instead of four. These
errors have lieen corrected in the commit
tees' call, by order of a majority thereof.
lielow we publish Hie official returns of the
LMegate vote last Jnne, by counties, to
gcther with the number - of delegates to
which they are entitled, and the fractions
over and under :
Geo. I.zru't
rott.
.... 1st
619
C7
SSI
75
.... 613
30 "
.... 109
.... 24
.... 4;2
.... 1C
... Sl
49
81
S14
US
IS
.... 309 .
303
Ao.o Fiariio
Fraction
UeltgaU.
D MJgTuj . . , .
over.
6
24
under.
9
1
t
10
T
1
1
S
6 .
2
4
1
8
4
2 .
1
4
- 5
Cl.iUop
M.inva ....
asco. . . .
Linn
Lane .. .. . .
8
Cooa .......
Curry ......
34
23
12
SG
16
YambiU ... .
rclk
Washington
Multnomah
Culi-.mbi.i . .
34
19
12
6T
J:icka
Benton-. . . .
14
Cnij.qua. . . .
HilamouK . .
Clarkiimai .
Josephine .. .
A Mistake. The Times announces that
the democratic convention is to be held here
on Tburslny, March lGth. The convmtioa
is called for Tuesday, March 16th.
Font Walla Walla, W. T ,
Dec. 11, 1857.)
Fkiexd Brsn I am very much pleased
with the Walla W alia country. It is the
finest grazing country you ever saw. The
soil is rood, and well watered. The red
kins are all peaceable at presont. The win
ter has been very fine so far. We have had
just rain enough to put tne ground in good
order for plowing. lours, resp ly.
5uT!ie "Victory," Nelson's old ship.
was lately pumped high aud drv for the pur
pose of examining a leak. Her bottom pre
sented a most smcrnlar appearance, bemj
covered from stem to stern with oysters,
muscles and animalcule; upwards of sis
bushels of the finest oysters were detached
from the copper sheathing', some of which
measured Eve inches in d ameter, and were
devoured with great relish by the dockyard
workmen. The lenk was found to have arisen
from a portion of the copper sheathing be-
uur ornrn nB w "wiit r.o doubt, the
worms had it nil their own war, for they
had positively eaten through the whole of a
space of ten leet or tne nveraje ot t'irec
feet The inner part of some of the plank
ing was found not thicker than a piece of
orange peel. Any shock given to the ship
would have auowt-d the pressure of the tide
to have broken through in a body, and down
would have gone Nelson's old Vtclorv. Her
copper is generally in excellent order, and
she appears yet as though she would well
last another century. London paper.
Area axd Popclatiox. The area of the
State of Texas is alone large enough, if it
were settled us thickly as Massachusetts, to
hold nearly fifty millions of person, or
abont double the present population of the
L nited States. And if the tune ever comes
when the population on the present area of
the United States and Territories, says the
New York Post, shall nverage as much to
the mile as that of Massachusetts, we shall
have a opalatien of 440,000,020, equal to
nearly one-half the present . population or
the globe. Or. if we omit the whole Terri
tory of New Mexico and a part of Utah as
uninhabitable, we have dill a population of
some 400,000,000.
The . Effect of "Hard Times." The
State Alius House atMonson, Mass., is very
full, there being now over 800 persons with
in its walls, many of them able-bodied work
ing men, including several good mechanics
who cannot get work, and they ore arriving
at the rate of twenty a day; twenty-three
were taken in or, Ihursday. Of the whole
number rome 540 are children. The out
houses arc being Glted up to accommodate
the excess of inmates, the superintendent
being informed that he is expected to take
care of 1200 persons this winter. .
I irtecn families, says the Milford Journal,
numbering about eighty persons, mostly for-f-;jners,
were admitted to the alma-house in
Grafton, a fiv days Fincc, aud more appli
cations have been made.
SlXGVLAR Law Suit. Yesterday, ona of the
European Consuls of this city entered a coin
plaint against a well-known drug: firm, nnd ap
plied foian injunction to restrain the -i from nxing
the coat-of-arms of his sovereign as n advertise
ment. It seams that the Gr.'.cfonbcrg Company
have adopted tlio royal insignia in question as
their seal, and his Consulship feeling nfrprieved
at seeing it used in advertising thi;ir medicines,
bas attempted tn restrain them. The seal of tho
medicines is said to pay the agent here so large
a sum that they have determined to stand a suit,
nnd have secured the best counsel in the city.
We shall await tho result with much interest.
S. f. Uoldtn Erm.
New Territories. The places of the
present Territories of Minnesota, Oregon
and Kansas, soon to assume the dignity of
btates and become coequal members of this
confederacy, will doubtless be filled by the
organization of as .many Territorial govern
ments in the west. Arizonia, Dacotah, and
Carson, ore the names under which new
Territories will be established, for which
purpose Eteps are now being taken.
tf UusophUcated boy "Mamma, papa
is getting very rich, isn't he?" Mamma.
"I don't know; why child?" Unsophisti
cated boy "Cause he gives me so much
money ; almost every morning, after break
fast, when Sally is sweeping the parlor, he
gives me a sixpence to go out aud ploy."
Sally received short notice to quit. . , ,
v Spread or our Language. The Empe
ror of Russia has granted an application
from inhabitants of Siberia for public in
6trnction in tho American laniraage, in place
I st. , . . t ; -
which is now taught
OREGON LEtJISLATURE.
, Satvedat,' am., Jan. 9, 1858. :
1sthc Council Mr. BERRY wesent-
ed the petition of Harriet Alilligah for a divorce-
referred to Berr,' Cornelias , and
Drain, a select commitke.
The bill to incorporate the Rogue River
Bridge Co., passed. ' F. : ,
Mr. DRAIN, from siect committee", re
ported by bill, granting Melinda Rnssel a
divorce. Rules suspended, and bill passed.
Mr. CORNELIUS, torn the special com
mittee to whom was referred the petition of
Francis D. Smith, reported by bill creating
divorco rules suspend nnd bill passed.
The bill to incorioratB Union University
referred to committee !on incorporations,
subsequently passed. , ,j ''i'.
Tbe bill to amend an act entitled . an net
to provide for building bridges, passed Jan.
10 185T. referred to contauf tee on roads.
The bill to iiscorDorata Tualatin Tetuole
of Honor, ordered to be engrossed and read
a third time on Monday next.
; The bill to prevent the escape of peniten
tiary convicts, ordered to bo xngrossed and
read a third time ou Monday next.
the bill to prohibit and punish the sale
of intoxicating liquors to indiun, referred
to committee on judiciary. The bill to es
tablish est Union Institute, referred to
committee of the whole. Bill to incorpo
rate the City of Salem, referred to commit
tee of the whole, and made the special order
of the day for Monday nest. Hie bill to
change a portiou of the Territorial road
leading from Oregon1 City to Spores', in
Lane county passed. Tha bill to divorce
Kitturah Tcft Iroin her husband passed.
The bill for the relief of Jos. llcndershott
referred to committee on claims. The joint
resolution respecting the re-interment of the
remains of Hon. Samuel 1L Thurston, pass
ed. The bill to provide for incorporations
to improve the breeJ of animals, passed:
Adjourned. i
Is the House. Mr. BROWN, of Linn,
presented the petition or Mrs. barah fcayle,
praying a divorce referred to Brown, of
Linn, King ami Cilliland, select committee.
Mr. JOHNSON presented the petition of
Miles Davis and others, praying tbe loca
tion of a Territorial road from where the
Daytcu road crosses the Cbehalera creek to
Portland referred to committee on roads.
Mr. SPEAR presented the petition of E.
R. Crane and others, praying a charter for
a road irom Aituouse to Illinois valley re
ferred to Spear, Cole and Mathews, select
committee. -
Mr. WIIITEAKER, from committee on
counties, reported, recommending the pas
sage of bill authorizing a portion of the cit-
zens of Douglas-county to express their
will as to whether they will attach themselves
to LTmpqua Co.; also the petition of citi-
zeus of Umpqtia and Dougi.is couuties, pray
ing a boundary line reported by iutrodnc
ing a bill.
Mr. SHUCK, from select committee to
consider the petition of Eveline and Doug-
las i. uess, pray inn- unnre w name, re
ported by bill granting a change of name.
Sir. UAlr.fc, Irom select committee upon
petition praying a law prohibiting the run
ning ot hinre of swine, reported by bill. j
Mr. KINO, from select committee, re
ported favorable to granting a divorce to
James Bothwell, aud legalizing bis second
marriage. "
Mr. BROWN, of Jackson, from select:
committee, made a humorous report, recoin- j
mending the passage of a bill granting a di
vorce to Philester Lee and wife; also to La-1
vinia Christmas.
Mr. COX, from committee on roads, in
troduced a bill to open a road from Oregon
City to Pleasant Hill, Lane Co.
Mr. KINO introduced a bill to amend an '
act to incorporate the city of Tortlaud.
Mr. WIUTEAKER, from select commit- j
tre, reported a bill to re-locate a road from
Brownsville, in Linn Co., to the Calapooia
mountains."
Mr. ALLEN introduced a bill for the
protection uf slave property in Oregon. ,
Mr. JOHNSON introduced a bill for the
relief of a school district in Washington
county. "
Mr. GATES offered the following: Re
solved, That the committee ou military af
fairs be nnd they are hereby instructed to
iuquire into the cxpcdicucy of petitioning
the President of. the United Stales, or oth
er proper department, for the removal of the
military line established in the eastern por
tiou of our Territory, by the officer in com
mand of the Pacific Division of tbe U. S.
Army. .
Mr. COLL AUD introduced a bill in re
lation to the assessment aud collection of
taxes. i
Mr. REES introduced a bill to equalize
advertising in counties. '
Mr. JOHNSON introduced a bill to pro
vide for the erection of a bridge over Tual
atin river.
Mr. SPEAR introduced a bill to prohibit
Cliiuamcu froiu mining gold, unless paying
iaZ of $3 per mouth.
The bill for the relief of Josinh Settle
read third time. Numerous documents were
read. The facts were these: Mr. Settle was
married in Iowa, moved here, and left his
wife behind; after sometime hod elapsed, he
heard the was dead, aud nothing now ap
pears to the contrary. lie has married an
other wife, and some person having a diffi
culty with him about the administration of
an estate, threatens him with criminal pros
ecution for bigamy. A fchort discussion
arose, pending which, tho House adjourned.
AFTERNOOM SESSION.
Is the Council. Tbe President, on
leave, presented tbe petition of L. D. Dick
inson und others, for the relocation of a
Territorial roadl Referred fo committee on
roads and highways. Mr. Drain from the
committee on roads and highways, reported
an act to locate a Territorial road from
Eugene city to Smith's river, in Umpqua
county. Reported tbe same without amend
ment, and passed.
Council resolved itself iuto committee of
the whole. After some time spent therein,
the President resumed the chair, and Mr.
Cornelius reported tbe bill "to incorporate
the Siskiyou Wagon Read Company," with
some amendments, and tbe bill to establish
"West Union Institute," with one amend
ment, which was-not agreed to. The last
bill was ordered to be engrossed and read
a third time on Monday next.
The amendments of tbe House to the bill
I to incorporate a college at the town of Sub-
fr; Z j
i j iti it,, jatuivu vvuu v j . iwav vutui v i
in.
I the House. The Settle divorce "bill
passed.. Messages were acted npon. The
annual report of the Territoriar'Amlitnr
was ; taken from tho table, and Mr. Able
moved that eo ranch thereof as relates to
the Treasury department, be referred to. the
committee on ways nnd means that part
relating to the superintendent' of common
schools, to committee ' on education that
part relating to Chitntflen, and so much as
relates to sheriffs, referred to committee on
ways and means.,- , V,
The resolution offered by Mr. MACK.
relative to the' distribution of public docu
ments by the Territorial Auditor,- after dis
cussion, passed.' Adjoarned,' ' ' j
Mondat, av v.f Jan. 11, 1858;
Is , the Council. Mr. WAIT, from judi
ciary committee, resorted the bill to-prohib-
tt aid punish the sate of lutoxjcaung lijuors
to Indians, with, amendments, -which, were
adooted. ' " "
Bills to incorporate fjnidri University As'
sociation to prevent the escape of peniten
tiary convicts to incorporate lualat in rem
pie of Honor for relief of James Hender-
shott, were passed. House joint resolution
ior tne uisirioution oi documents, lost.
r Adjourned.
Is the not'SE. Mr. BROWN, of Jack
son, moved to take report -of penitentiary
committee from the table lost. ;
, Mr. COX, to whom was referred the pe
liou aud remonstrance concerniug road in
Umpqua and Douglas counties, reported by
bills.
Mr. WOODSIDES, from committee to
whom was referred the petitiou of Marga
ret J. Waddle, reported by bill granting a
divorce. ,
-Mr. CRANOR' moved to take the report
of penitentiary committee from the table
and refer it to tbe committee on ways and
means carried.
Mrj COLE offered a resolution request
ing tbe Postal Agent and Postmaster Gen
eral to have tbe mails for Umpqua eud
Douglas counties scut by way of Umpqua
City adopted. . ,
Mr, BROWN, of Jackson, introduced a
bill to locate a road from Table Rock, in
Jackson Co., to Roseburg, in Douglas Co.;
also, a joint resolution memorializing Con
gress to pension .Mrs. Marv Ann Harris,
w ho defended herself and daughter from tbe
Indians for twenty-four hours her husband
being killed, and her daughter wounded.
Mr. WUITEAKER introduced a bill to
provide for the purchasing of fifty bound
copies of the Oregon Statutes cf 1855
rules suspended aud bill passed.
jlr. OAIL23 gave notice that he would
introduce a bill increasing the compensation
of judges of elections. ,
1 he bill to incorporate the Applegate
Ditch and Miuiug Co., was read a second
time. Mr. Hughes preseuied a remonstrance
to the same. Mr. Brown presented a peti
tion in favor of it referred to committee
on corporations.
Ibe biU authorizing the citizens of a por-
Jnne election as to whether they desire to
be attached ta Umpqua Co.; was read third
time. Tbe question being on its final pas-
sage, . ,- :
Mr. BROWN, of Jackson, said: Before
a vote was takeu on this matter, he would
mention that be bad been informed by citi
zens of Douglas that such a change did not
meet with tbe approbation of the people of
Douglas Co., and also that the members who
represented their respective couuties, were1
not agreed, andhe would net support the j
bill ou that accouut.
Mr. COLE. 1 introduced tbe bill, and
tbe reasons why I did so are, that some two
years ago a petition to that effect "was sent
up to this body; tbe people within the dis-:
trict were in favor of the proposed' change.
Iu accordance with that petition, I have in
troduced this bill, giving to them the oppor
tunity of expressiug their wish npon the
matter, and gratifying it. Tbe boundaries
mentioned iu the bill, are those marked out
ly uuture, and when Douglas county was
formed, by some mistake, it took in the'
largest portion of Umpqna valley, leaving
to tbe original and oldest county the most
barreu couutry, and it is just to the oldest
county that thgy should have an opportuni
ty of expressing tbeir will in this matter. '
Mr. CRANOR. A gentleman from Doug
las county told me that a' large portion of
the inhabitants objected to any legislation
on this matter, and did not think the pro
posed bill desirable. ' -' ' ;"
Mf. WOODSIDES. There is a princi
ple at issue. 'If the people of a small por
tion of this county are to be allowed to di
vide themselves from Donglas Co.; it would
be right to allow this and that partitioning
of tbe county, and . so, the original county
might be entirely destroyed, aud cause great
perplexity. Majorities should rule, though
a small number might not desire "it. ' ,' , ,
Mr. COX. I am a little surprised at the
gentleman from Umpqua originating a bill
at his own instance, aud saying that if the
bill did not pass, he would introduce a bill
to annex Umpqua Co. to Douglas. Mr. C
was opposed to dismembering counties, with
out facts to show the necessity or the desire
of tho people for it. ' ... i '
Mr. COLE spoke in support . of his for-
hncr position, uud cited the acquisition ot a
nart of Coos Uo. by l'ougius.
Mr. SPEAR. There is a disposition j
among gentlemcu here to kick, before they i
are spurred.. This proposes to give the peo
ple of that district au opportunity of choos
ing to which county they will be annexed;
be continued iu favor of the bill.
Mr. MACK' said he was .not in favor of
arbitrarily dividing any county coutrary to
tbeir wishes, but he conld see no reason why
the people' in this district should, not bo
given the right to select tbe county to which
they shall belong. The sovereign people
should always nave an apportunity of ex
pressing their will. ' There is no reason why
we should now refuse them the chance of
expressing tbeir will as tp the selection of
their county.
Mr. BROWN, of Jackson said, if the
principle was correct, that a 'small portion
of a county had a right to' say 4 whether
they would belong to this or that county; it
would equally apply to counties; and would
you couseut to Jackson and Josephine
counties becoming a part of California? I
do not think the principle correct, aud will
not support the bill.
Mr. MATHEWS. I have but a few
pat j. It coatemptaes a striking off a
reasons to urge wny nis mi suouia not
portion of the county, against the wish of
the county itself. .Ihree years ago, this
was made a question with as, and petitions
nd remonstrances were sent np to this
body, and the change sought now to be
made was not granted tbem; at that time
it was viewed in a different light from what
it now is; then- the county seat was not
located, and the buildings not erected : nnd
then the people on this side of the Umpqna
were not satisfied but now they are content
ed, as is shown from their not having peti
tioned this body. . . -
Mr. KING... There is. a difference be
tween the representatives of the counties
interested. I cannot adopt this bill in face of
the courts, which have decided that delega
ted powers cannot be delegated, and we de
rive our authority fron Congress, and can
not transfer it, whieh this bill would do, be
cause it contemplates giving the power to
change the uaauoeries,
.Mr. ABLE. ' I do not design to enter
. . . i a- i
npon an argument, unt to express my con
currene ' with some of the opiuioas that
bare been adraneed. , It is not a wise
policy to allow a small portion of any eonnty
to express their wiil as to whether they will
be attached to this or that County. . If it
were allowed, interminable coufusion would
arise; but we have a duty to perform we
mnst examine the circumstances as to the
extent, wealth, aud natural situation of the
counties. When they are too large, they
should be made smaller. When they are
two small, they should be enlarged, consist
ent with the intereslst'f all the people. 1 am
not satisfied to support this bill, because we
have no expression of, the opinions end feel
ings of the people of the counties interested.
It might be different with me if the gentle
man had bronht facts, and tbe means cf
ascertaining the desites of tho.-e interested.
The bill was lost. Adjourned; ...
' AFTERKOOS' EESSICV. '
Is the Coukcil. Mr. DRAIN introduc
ed a bill to incorporate the Astoria and
Willamette Valley Riilroad Company.
, The Council resolved itself into commit
tee of the whole. Mr. Sheii reported back
the bill to incorporate the City of Salem,
without amendment laid on the table.-
Also, the bill to amend an act to provide for
building bridges, with amendments.
Adjourned.
Is the House. Bills declaring certain
acts of school district No. 4, legal to in
corporate the Albany Canal and Manufac
turing Co. to incorporate the Orand Aiodge
of Odd Fellows to re-locate a portion of
the Territorial road leading from Salem to
McDonald's ferrv to legalize the lecation
of county road, were passed. ; ; :
Mr. COLLAKU moved to take op the
resolution relative to memorializing Con
gress to divert the University fund for com
mon school purposes.
Mr. WOODSIDES. It is a well known
fact that we have a magnificent school fund,
which, if properly managed, will be amply
sufficient, in time, to meet all our wants.
Oupi coo 4ian rnnnrrmly fglxraa to B; thft six-
teenth and thirty-sixth sections of the pub
lic lands. While we have this ample fund,
twice as large as th,e State of Wisconsin,
whose school fund now amoants to ten mil
lions of dollars, I can see no necessity for
this diversion of the University faad. We
need a University, free from all sectarian
control, where those who . are proficient in
the common schools may go, aud perfect
themselves in the higher branches of learn
ing, in the professions, i:i the practical sci
ences, and mechanics. . If we were near tbe
older States, and had nccess to the colleges
and institutes, then there might be some rea
son for this diversion of the University fund.-
But we need such an institution it wiil be
a benefit to our country, and will excite the
emulation of our youth. . I wonld rather
memorialize Congress for an addition to this
fund, than ask for its diversion.
., Mr. SPEAR inquired for information con
cerninsr the University and tbe fund.
Mr. GOLLARD. I do lot iuteisd to ar
gne this case, for tbe intelligence of this
House will at once, perceive the fitness of
this diversion; the reasons - which influence
me are, wherever I have been persons have
requested effort for this diversion, and wat
is of much weight with, me is, that the fund
shonld be so used as to do the greatest good
to, the greatest number. We have high
schools aud colleges enough; we need funds
to bring education to the doors of the indi
gent aud poor. The universal testimony of
those who kuow is, that common schools
contribute more to the wauts of the many
than Universities. ,
Mr. KING. This is a matter of import
ance; its merits have been foreshadowed;
men may well differ as to the propriety of
the diversion of tbe fund, but it appears to
me that the greatest good can be done to
society by appropriating this money to the
building up of common schools, training the
young in all- the rudimelits of learning,
thoroughly disciplining tbeir minds from tbe
commencement, aud then you have profi
cieut scholars. Mr. Kins referred to some
speculations in brick, aud spoke highly of
tbe benefits of universities (and buildings
in the air about Sai-Avery's dominions.)
He spoke of common schools as being the
foundation of our institutions, and the great
basis of our prosperity aud advancement.
Mr. GATES. This resolution seems to
contemplate, after the proposed diversion of
the University fund, its distribution . to the
counties. Iu the aggregate this wiil amount
to somethiug haudsome, but divided among
the different counties Will advance the inter
ests of the 'common schools but little. We
need a University, and we may as well con
tribute directiy to the support of conioioa
schools, if the fund is not sufficient, as here-aftei-to
build up a University, aud divert
that fund now. Mr. G. spoke in high terms
of both the common school aud university
system, and favored the support of Loth.
Mr. MACK. We have uow a university
fnnd to be used at , some future day. . The
building up of a university will not contrib-
nte to the education of one huudredth part
. . r T . 1
f the ooDulation of Oregon. I might ask
what has become of the appropriation made
for that justitition ; by referring to a report
I find that $5,000 is left; who has gained
auything by means of the appropriation,
whose interests have been advauced? but in
stead of its lying idle, and being frittered
away, we should at once apply it to use, and
make it contribute to tbe advancement' of
education, and where wa now have schools
three mouths in a year, have them
poa the whole year. Iu despotic countries
the few have their colleges and nuiversitietj
but no common schools are there. Mr. IX.
spoke in the highest ; terms of toaaM
schools as the source of Intelligence to oar
people. ;:- -
Mr. SPEAR said he had tnwfe caksl
tion, by which it appeared that t0 SiuTCc
sity fund, after its diversion to comiTa
sebool purposes and distribution atrionj L-
districts of the several counties, wosU pJ
for a litt'e over one hour's fferriee f
teacher in each district ' ' -i
! The resolution was tarried. " -
On motion of Mr. CRANOR, the bill in
corporating the Youth's Lyceum, at MonV
ville, was passed. ' - : ' ' : --
Mr. SPEAR introduced a bill to iacreas
the per diera of assessors in Josephina Co. '
The House resolved itself into committee
of the whole, Mr.- Brown, of Linn, ia' thc
chair. ' Mr. Brown reported the comuntteo
bad nvder consideration House bill No, It.
i to amend the road law, and asked leave t
I a j: .1 . . - .
sit agaia;
Adionrned.
' Tuesday; x. si., Jan.- If
Is the Council. Mr. SCOTT introduced
two memorials, viz: a memorial to Congress
to fortify the month of the. Columbia river
referred to Messrs. Scott, Wait and Ber-
ry; also one to bnild a Custom-house re-2
ferred to committee on commerce.
Mr. DRAIN presented a petition pray
ing for relief to school districts No.' 13 and
14, in Linn Co.' referred to committee oh
education. . - - t ; r
The bill authorizing the purchase of stat
utes, was lost.
Mr. DRAIN, from committee onineorpo
; rations, to whom was referred the bill to ia-!
corporate the Albany Canal and Manufac
turing Co., recommended its passage; also,'
bill to incorporate theTnalatin River Trans
portation and Navigation Co.; with amend
ments, which were agreed to.
Mr. DRAIN introduced a bill relating to
a road ia Clackamas Co. ' Mr. Scott report
ed a bill to change the name of Kane OT-'
ney passed. Mr. Berry reported a bill to
grant Harriet Mulligan a divorce laid on'
the table. " ; 1
The bills declaring certain acts of school
district No. 14, in Donglas Co, legal, to in
corporate tbe Graud Lodge of Odd Fellows,
of O. T.; to incorporate the Siskiyou Wag
on Icoad Co.; to amend an act providing for
building bridges; to prohibit and punish thtf
sale of intoxicating liquors to Indians; to
establish West Union Institute; to incorpo
rate the Albany Canal and Manufacturing1
Co., were passed. Adjourned.
Is the House. Mr. COLE introduce?
bill giving the citizens of Umpqua Connty
the privilege of roting at tire next Jano
election whether they will be annexed to
Douglas Co.. . - ' , . -
. Numerous bills were read a second tima
aud referred. Tbe bills passed ia the House
were read. -
Mc COLLARD introduced a bill to la
cate a road from lAca City, Clackamas Co..
to Hilliborongh, Washington Co.
Jlr.BLE o&rtd. iha following: Re-'
solved, until otherwise ordered, thr3 House
meet at 9 A. M. and 2 P. M. of each day
lost. Mr. GILLILAND introduced a biS t
change the compensation of judges of elee--tijns.
Mr. JOHNSON introduced a bill to di
vorce William and Caroline Garlick.
: Council bill granting a divorce to Francis
Saiith, passed. .
. Brown, of Jackson, and fJates were ap
pointed on the joint committee to memorial"
ize Congress to pension Mrs. Harris.
Biiis to divorce Elva Ann Chrismao from
her husband, authorizing Chas. Putnam to
locate a road down Eik river, to incorporate
the Grand Lodge? of Masons of O. T-, tor
incorporate an association for improving tho
breed of domestic animals, to incorporato"
Rogue River Bridge Co., to change a por--tioa
of Territorial road leading from Ore
gon City to Spores', in Lane Co., to grant
Kittarah Teft a divorce, and granting a di
vorce to'Meiinda Russell, were passed."
Honse bill relating to estrays referred to
committee of the whole -
Mr. MACK called np the report of tha
judiciary committee ou the bill relating to
marriage and divorce. , Mr. M.'s bill propo
ses two amendment?, 1st, To give the cus
tody of the children to the wife pending a
suit for divorce, when the wife is complain
ant: 2.1, Tp endow the wife with tbe lands
of the husband, when a divorce is granted
for the cause of adultery, committed by the
husband, or for the cause of neglect, deser
tion or abase of the wife by the husband.
Tbe amendment cf committee strikes oat
the first section of the bill., A . debate en
sued, in which Messrs. Mack, Cranor.Browo
of Jackson, Hughes and King participated.
Pending the discussion, Honsa adjourned. ,
, AFTERNOON SESSION. ,
Is the Cocxcil. Several House bills
were read. ; '
Council resolved itself into committee of
tho whole reported that the committee iM
ooder consideration tbe bill for the relief of
Josiah Settle, and recommended its passage.
Passed? Adjourned. ' - - ' '
Is the House. The amendment was
carried.
On motion of Mr. SLATER, the report .
of the judiciary committee on the bill to
amend the law to regulate proceedings in ac
lions at law in the supreme and district
courts, was adopted. " ' .
Mr. DRYER, on leave, presented the re
port of the pilot commissioners laid on tho
table, and ordered printed.
The resolution relating to the post-office
at Astoria, was taken np. Mr. Mack offer
ed an amendment laid on the table.-
Mr. SLATER introduced a bill to estab
lish Corvallis College. -
On motion of Mr. KING, the House
resolved itself into committee of the whole
Mr. King in the chair. On motion of Mr.
Brown, of Jackson, the bill to divorce Eliz
abeth R. Hines, was taken up reported
; back the bill, recommending its passage.
..... . i i . i -
Tbe bill to amend road law, taken up, and
reported bact, recommending its reference
to a select committee. The bill relating to
estrays and to property lost or unclaimed,
Mr. Brown, of Jackson, moved to amend by
striking out all after the enacting clause. -Mr.
HILL, as usual, spoke from written
notes for one hour ou his Crow, calf and 61
ly oiwtering "bills. He thought-his bill
ought to be considered in a serious maaaer;
said Le had Uke oalr one of the Oregon
pipers, and that cnefcr a short timo, spoke