The Oregon statesman., December 21, 1858, Page 1, Image 1

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VOL. 8. NO. 41.
SALEM, OREGON, TUESDAY, DECEMBER 21, 1858.
WHOLE NO. 405.
,u in
i ill urn ill
PiHvrcx Accidbst. We are indebted to
Jlr. A. C. Jones, Tor the following particn-
. lars of a sad easuality, which happened in
. the forks of the Santiam, Linn Co, about
fonr miles from Scio, on the 2d inst: Mr.
Martin W. Hester, was, with his two sons
and some neighbors, on the above named day
engaged in slaughtering bogs; his son, Me
- lender X. Hester, took the gnn which had
been nsed in shooting the hogs, and was
about to kill onr, when one of the men told
. him they were not quite ready for bne yet;
down, still retaining hold of it. Soon the
report of a gun was heard, and, upon look
ing around, they found young Hester in the
act of falling; springing to him, they found
htm shot dead, the full charge baring taken
effect in the mouth. Upon examination, and
inquiry, it was ascertained that he had been
blowing in the muzzle of the gun, and at
the same time put his foot upon the hammer;
' . that his foot slipped, and let the cock down
with force enough to explode the cap and
discbarge the gun. The deceased was about
twenty-one years of age.
Oblkaxs Bbew. The Statesman is in
. debted to Mr. Charles Kleinman, of the
, Orleans Brewery, opjosite Corvallis, for a
Htgoi lager bier, a nrst rate article, ana
M not bad to take," if you like it. The Ger
". mans bare long since settled the fact that
. pure lager bier is not intoxicating; we are
-satisfied it is not unless drank in the most
immoderate quantities, and we are not cer-
- tain it is then. If manufactured only of
hops and barley, it is both an innocuous and
wholesome beverage; and, as " drinking " is
a social custom of America, we are of the
. opinion that the substitution of lager bier for
uiabiuc4 iiuvis, la iuq must cwwicuk m.u
Reush. We are under many obligations
to Mr. James Welch, of Astoria, for a m-
- v. r 1. - i l r .1 t. .? .
quality. The best salmon caught in Oregon
are taken at the mouth of the Columbia;
.. and we fancy those sent us by Mr. Welch,
were the finest of the " catch. " His pres-
.
. '-eni was as accepiaoie as unexpeciea.
i GoTernor McMullea has been notified
that he will be superseded as Governor of
Washington Territory.
, t& The Onward was at our landing on
. 'Wednesday, she is a fine boat.
4.B&-The san Francisco Herald says:
'"-From the inception of the Kansas question
- "hich Itcnbiican artifice has nerseverinar-
" -Ty sought to force into a torch of discord for
the sundering of the Democratic phalanx
up to the present time this jonrnal bas ear-
.mestly striven to exclude tie subject from Cat
' ifbmia politics, and by a conciliatory course,
.- -restore harmony, unity, and concentrated
- strength to the Democracy of our State.
This would hardly please the "Ashland
. liate national who araves his rations at
Astoria.
' The Government of British Columbia.
, -The Victoria Gazette, of November 20,
: iias the following :
During the present week the Colonial
m m tr - - a a
uovernmeni ot unusu uoiumoia win nro-
v'.bablybe formally established. Iromediate
after the inauguration of its officers, the
- '.'Instruments upon which the Colonial Govern
' nf en t is based will be published in proclama-
tions, by Governor Douglas. We give be-
low a synopsis of the character and contents
V of these documents:
The first is a revocation of the Crown
grant of 1838, by which the Hndson Bay
- company receivea ine privilege oi exansive
. ly trading with the Indians; the act of re-
v vocation uaviug euect wnuin lue ierruury
'. bow. known as British Columbia, bounded
to the south by the frontier of the united
"States oi America, io me easi oy me mam
4 chain of the Rocky Mountains, to the north
oy oimeou s nver ana ine riniay Drancn
of the 1'eace river, and to the west bv the
"'Pacific Ocean; and including Queen Char-!
.lotte's Island and all other islands adjacent
to toe said territories, except as mereinaiier"
in the Act establishing British Colura
? bia " excepted."
a" xuv ejvuu piMiaujaiivii to ivi iua
S -provide for the Government of British Co
. 7 Inmbia," which places it in actual operation.
The third is " A proclamation having the
'force of law to indemnify the Governor and
other officers for acts done before the csta
,blishment of any legitimate authority iu
British Columbia." It has the effect of Ie
' ralizinz all official action hitherto bad in
, 4niisn coiumoia, uuaer ine sanction oi
iCroveroor Douglas, and acts 83 a protection
Against ell legal proceedings that might
.' otherwise be instigated against public offi
Irers, based upon technical informalities in
Xjmch action.
- The fourth proclamation declares that the
-Civil and Criminal Laws of England, as the
' fame sow exist, are in force in British Co
'.Jumbia, in so far as they are not, from local
circumstances, inapplicable to that Colony.
The Democratic Party. Sixty years has
elapsed since the plastic intellect of Jeffer
son shaped and conferred political individu
ality upon it. Within that period it has
'numbered among its followers, at different
'times, almost all the great men of the coun
try. Those who have adhered, with nnde
Tiating fidelity, to its standard, have filled
vthe high places in our national councils, and
.'transmitted glorious names to a grateful
, -posterity.
What has been the fate of the deserters?
- Some of them rarely gifted natures noble
jnen bare also played conspicuous parts in
trar national drama, and secured unquestion
ed immortality; other, once recreant to the
..-faith, (devotion to which had given them all
utbeir celebrity,) dropped into the pool of
.oblivion, and are only mentioned, "to point
' a. moral or adorn a tale." All of them,
Uilty of defection, live'cl long enough to be
' hold the gross nets of their error, and to
"t&te the bitterness of its frnits. Mountain,
'.tkmocrat.
Correspondence of the Statesman.
Saratoga.
Saratoga Srmxcs, Oct. 18, 1858.
As Oregon feels big enough to ask Con
gress to acknowledge her majority, and ac
cept her as an eqnal partner iu the firm do
ing business under the name of United
States of America, her leading newspaper
should certainly have an "occasional corres
pondent" to keep its readers posted upon
the doin.es at the great fashionable summer
resort of the continent.
Here, at Saratoga, representatives from
all parts of the world congregate annually,
to drink spring water, or something stronger,
to dance, to drive, to eat, to flirt, to talk,
or to kill time in any other way roost agree
able ; but they do it with as much credit to
themselves as the representatives of the
"most enlightened nation," annually gather
ing in Washington, can lay claim to. While
Washington can beat Saratoga in appropri
ating money and getting up free fights, the
latter can show more fine, handsome women,
and jHy democratic sociability, than was
ever dreampt of in that resort of modern
solons, tricky lobbvites and seedy office
seekers.
Saratoga lik? most other places must be
seen to be appreciated especially so when
in full bloom. Descriptions of places are
well enough in their way, they are just bet
ter than nothing, and when you say this its
all told.' The most graphic pen fails to
place a correct picture in one's mind of the
commonest natural riew.or the simplest work
of art. I at least have invariably found it
so, and I'M stick to my experience until I am
convinced that I look through a glass dark
ly as the man did who once run a California
steamship ashore cn a bright moonlight
night and called it the effect of mirage.
I will not therefore attempt to describe
this village, bnt merely remark that it is the
pleasantest one I have ever seen, and that
too w;thout possessing uncommon natural
advantages apart from its'world famed min
eral springs. Its inhabitants have by de
grees improved its sand hills and swamps
into wide and shady avenues, lined with
walks spacious enough for parties to prom
enade without the necessity of resorting to
single file to pass each other. And there
are - the Congress springs and the hotel
gronnd, surpassing iu neatness and taste
anything I have seen in North or South
America. They are so arranged that the
visitor scarcely knows which most to admire
about them the ornamental or the useful.
These two qualities are in fact a distinguish
ing characteristic of Saratoga and its eur
roundings, and to the happy blending of
wuicn the place is in a large measure in
debted for its rapid increase of permanent
inhabitants and its yearly increasing throng
of visitants. As an evidence of the correct
ness of this opinion let me state that while
the past season was cne of unsurpassed suc
cess so far as Saratoga is concerned New
port and othtr first class watering places
did nothing. While our large hotel were
each feeding daily from eight to twelve hun
dred guests and enr boarding houses were
overruning with company, Newport and
Niagara bonifaccs were having a second edi
tion of last fall's "hard times." This differ
ence can not be attributed to spring water
alone, but rather to the combination of at
tractions the place possesses over its com
petitors for public favor.
While' on this subject it may be well
enough to especially remind occidental resi
dents that now is the period for them to
take a lesson cf Saratoga with profit to
themselves and pleasure to their children.
Aroerica"i! villages and cities are with few
exceptions unseemly and unhealthy recepta
cles; whereas they just as well might have
been the counter part, had the early settlers
exercised a Iitte good judgment in laying
out the streets and reserving here and there
ground enough for parks and promenades.
Oregon is no doubt not a whit more advanc
ed in this respect th.an her neighbor Califor
nia, or her eastern sisters; and it would be
well for her people therefore to pay some
attention to the improvement of her villages
before they shall have out-grown their abil
ity to be made pleasant dwelling places, at
anything like a reasonable expenditure.
I intended saying something of life at the
Springs, but my letter has already reached
newspaper limit, and I will therefore dtlcr
it to some other time.
PABLO.
Oakland, Umpqca Co. O. )
December 4, 1858. j
. Mb. Bcsh In my last letter I promised to
let you know the result of the legal investi
gation in the matter of the death of Dick
Johnson and his father Mummy. The testi
mony before the examining magistrate was
lecgiity so much so that I will ventnre
to present but a synopsis of it as it came to
me. Dick Johnson and father have resided
on the land on which they were killed since
1849 or 1850. They were Clickitats, from
the North; Dick, possessing more than ordi
nary skill and genius, was encouraged in his
desire to cultivate and improve the lands on
which be resided, by the more intelligent and
enlightened residents of the valley. Indeed
every settler with but a few exceptions, of
whom wc will hereafter make meution, aided
and furthered the object and determination
of these Indians in securing to themselves a
borne and a farm. In the enjoyment of what
he possessed he was not disturbed nntil a
Mr. Canady came here, - the father of those
implicated with himself, and others in the
murder of these Indians. When Mr. Canady
came in 1854. he settled - on lands near the
Indians and extended his lines over a portion
of the Indian's improvements, and at once
began a qnam-I in various ways, with the
Indians. Evidently his object was to secure
to himself the lands and improvements of
Dick Johnson, without remunerating him
for them. At the time that Gen. Palmer
treated with the Umquas for their lands,
Dick Johnson declined to leave his home
and go back out of the country with them;
in thU he was eucouraged, and finally it was
deemed but just in view of his large improve
ments his isolated position more espe
cially his skill and capacity for labor, that
he should remain where he was. A sort of
reserve was there made for him, but whether
or uot it was -ever confirmed, I cannot say.
He, however, bas acted upon the impression
that it was at all events be believed be had
rights there, and has acted accordingly.
During the time that Mr. Canady has resi
ded near him, (since 1854,) he has labored
to onst Dick, bnt has taken no legal means
to do it. Pick bas improved about 75 or 80
acres, built a good double log bouse on his
claim, and has otherwise improved it. This
year, Dick raised two hundred bushels of
oats, one hunired and fifty of wheat, and
thirty bushels of peas, besides vegetables.
He had also several heads of horses, some
of which he worked. His horse team was
quite as good as his more enlightened neigh
bors, notwithstanding Dick made the har
ness himself. Harness of good leather,
which he bought, were made so well, that
none would believe he made them, unless the
fact was made known. In this manner,
quietly, he was going on with his little farm.
About two mouths ago, a man by the name
of James Smith, Canady'a son-in-law, came
out from the Willamette to reside; shortly
after, he pretended that he had pre-empted
this Iudiau's laud. Some settlers interfered,
and desired Smith to desist and do nothing,
and offered to pay him its full value, and let
the Indian have it, but it was no use be
would not do it. A ready made farm was
not to be lost so easy. Canady then set in
to have the Indian removed went to Salem,
but what it amounted to, I know not. We
will now come to the tragedy. Last Sunday
night, Dick Johuson mid Mummy were shot
down in their tracks, near the house in
which they lived. The neighbors got to
gether the next day, except those herein ac
cused, and held an examination over the bo
dies, after which they were buried. This
was followed by a legal investigation, which
resulted in committing to answer at the Dis
trict Court, on the charge of murder, Henry
Canady, Joshua Cauady, John Canady,
John Allen, James Smith, son-in-law of Ca
nady, and Frank Little, Johu Timmons and
Frane, strangers, aud known as " the
three Californiaus. " This transaction has
caused a great deal of feeling in this commu
nity and it makes no difference how it is
looked at, it is, to say the least, a very un
fortunate affair. If the defendants have any
defense to this charge, I have not as yet as
certained what it is, but learn that none was
made. The wife of Dick Johnson, and
Dick's mother, and Jim, brother-in-law to
Dick, tell but one and the same story about
this transaction. They have repeatedly nar
rated the whole matter to several, aud all
accuse those under arrest. When Dick was
shot, Jim, who hud been over to this place,
(Oakland,) rode np towards his bouse, when,
to his surprise, he saw those whom he sus
pected would kill him, aud dropped from his
horse, at which a charge was made for him,
iu which bis horse was shot down, and Jim'ti
coat cut through the back by rifle shot.
He but just made his escape iuto the house,
where he found his squaw trying to use his
gun, which he took from her aud levviied at
the mob through a small hole tbey saw it
and left him. Alter thKy had goue, the
squaws, Jim, and two children each, selected
a log or bush by which to hide themselves
'til morning. The night was cold and stor
my it rained with violence. These Indians
sjK-ak freely about this occurrence, and those
of the accused they do not know by name,
thpy dc-xribtd with great accuracy before
they saw them the second time. Tbey also
state that when this party came on them,
one fellow, having on red leggings, called to
them and told them that he was the lytt
from Salem, (meaning the superintendent,)
and wanted to talk with them. By this
means, the Indians were decoyed from the j
house, and before they could return, Dick
and his father were shot down as described.
The man among them who pretended to be
the superintendent, was a slim thin-faced
rascal, whose name I may be permitted to
omit for the preseut. Thus ended this dis
graceful sceue. Yours, etc.
UMTQUA.
Bctteville, Dec. 12lh, 1853.
Eo. Statesman: I, in common with many j
others wish to see the overland route from
the States to Oregon, opened again. It is
a well known fact, that the emigrant road
has iu a great measure become so nearly ob
literated that immigrants to Oregon prefer
going via Suit Lake aud Yreka, to reach
Oregon.
I am informed by a gentleman who cross
ed the plains last suniiuc-r that a large immi
gration would come to Oregon next season,
it' they could have any assurance of being
guided from Green river to the Dalles.
' What I propose is this that the legisla
ture, now in session, a propriate a sum of
money sufficient to fit out a small party for
the purpose of proceeding to some suitable
point on - the road, and collect cnoiigh meu
to reopen the route, at least as far as the
Dalles. The benefit to Oregon of au enter
prise of this sort can readily be seen by
every one.
I am willing to enter into agreement to
raise and equip a suOicient force for this ser
vice, and perform it too, for $10,000. A
party can be raised lor the above stated sum,
who will do the work effectually.
Let us hear from others, ou this import
ant subject.
PRO BONO PUBLICO.
Just ix Time. Singular are the Provi
dences of life. A young physician having
tried in vain to get into practice, at la$t fell,
upon the following expedient to set the ball
to rolling. He sprang upon his horse once
a day, and drove at full speed through the
village. After an absence of an hour he
would return, and carry with him some of
his instruments thinking if he could impress
his neighbors that he had practice, they
would begin to place confidence in his abili
ty. A wag who more than suspected the
deceit which be was practising, determined
to know the truth. He accordingly kept
his horse in readiness, and the next time, the
doctor galloped by his door, sprang on his
steed, and placed himself on the young gen
tleman's trail. The doctor saw the man fol
lowing at his heels, but did not, at first,
evince any nneasiness. At length, however,
he thought it advisable to turn down a nar
row lane.
The pursuer followed on like an evil gen
ius; but the doctor was not discouraged, as
another road lay a short distance ahead of
him, down which he turned. The other
kept close at his heels and the doctor grew
impatient to return home. There was no
house by the way which afforded him any
pretext for stopping. Ia the meantime, his
saddle-bags were with him, and he was oth
erwise equipped for business, so that he
could not return in the face of his neighbor
without exposing the secrets of the trade iu
the most palpable manner.
Every bound of his steed carried him fur
ther from his borne, and the shades of uigbt
began to fail on hill and tower. Still the
sound of horses' hoofs were thundering in
his car, and he was driven to his wit's end;
but just as be turned the angle of a wood,
he heard a low moan. A man lay prostrate
near the fence of a meadow, and blood
gushed from a fearful wound in his arm.
He had cut an artery with his scythe, and
was in danger of immediate dissolution.
The young doctor sprang from his horse and
stauuebed the wouud. Bandages were ap
plied, and his life was saved. The pursuer
bad also thrown himself from bis horse, and
as the physician tied np the last bandage, he
looked up his face and said, "How lucky,
neighbor, that I was able to arrive just in
time."
The wondering spectator was silent with
awe, and after assisting the wounded man
home, he told such a miraculous tale to the
wondering villagers, as secured to the young
physician a reputation not only for skill, but
also for supernatural prescience. Thus did
the merest accident contribute more to his
advancement than ye&rs of studious toil
could have done; and the impertinent curi
osity of a waggish neighbor opened for him
a path to business which the most influen
tial patronage might have never been able
to provide for him.
Wedding-Cake. '
A bachelor editor " out west," who re
ceived from the fair hand of a bride, a peice
of elegant weddinfr-cake to dream on, thus
gives the result of his experience : 1
We put it under the head of our pillow,
shut our eyes sweetly as an infant, blessed
with an easy conscience, and soon snored pro
digiously. The God of dreams gently touch
ed us, and, in fancy, we were married! Ne
ver was a little editor so hnppy. It was
" my love," " dearest," " sweetest," ringing
in our ears every moment. Oh! that the
dream bad broken off here. Bat no! some
evil genius put it into the bead of our
" ducky " to have pudding for diuner just to
please her lord.
In a hungry dream we sat down to dinner.
Well, the pudding moment arrived, and a
huge slice almost obscured from sight the
plate before us.
" My dear, said we, fondly, " did you
make this 1 "
" Yes, love, aint it nice ? "
" Glorious the best bread pudding I ever
tasted in my life."
" riuin pudding, ducky," suggested my
wife.
" Oh, ro, dearest, bread podding. I was
always fond of 'era."
" Call that bread puddirgl" exclaimed
my wife, while her lips slightly curled with
contempt.
" Certainly, my dear reckon I've had
enough at the Sherwood House to know
bread pudding, my love, by all means."
" Husband this is really too bad plum
pudding is twice as hard to make as bread
pudd'ng, and is more expensive, and is a
great deal better. I say this is plum pud
ding, sir!" aud my pretty wife's brow flushed
with excitement.
" My love, my sweet, my dear love! " ex
claimed we, soothingly, " do not get angry, I
am sure it is very good, if it is bread pud
ding 1 -
" You mean, low wretch," fiercely replied
my wife, in a higher tone, "you know it's
plum pudding!'
" Then, ma'am, it's so meanly put togeth
er, and so badly burned, that the devil him
self wouldu't kuow it. I tell you, madam,
most distinctly and emphatically, and I will
not be contradicted, that it is bread pudding,
and the meanest kind at that."
. ' It is plum pudding!" shrieked my wife,
as she hurled a glass of claret in my face,
the glass itself tapping the claret from my
nose. (
" Bread pudding!" gasped we, pluck to
the last, and grasping a roasted chicken by
the left leg.
"Plum pudding!" rose above the din, as
I had a distinct perception of feeling two
plates smash across my head.
"Bread pudding 1" we groaned in a rnge,
as the chicken left our hand, and flying with
Ewift wing across the table, landed in mad
am's bosom.
"Plum pudding!" resonnded the war-cry
from the enemy, as the gravy-dish -took us
where we had been depositing the first part
of our diuner, and a plate of beets lauded
upon our white vest.'
" Bread pudding forever!" shouted we iu
defiance, dodging the sonp-tnrccn, and falling
beneath its contents. 1
" Plum pudding!" yelled . the amiable
spouse, as noticing our misfortune, she deter
mined to keep us down, by piling upon our
head the dishes with no gentle hand. Then,
in rapid succession, followed the war cries.
" Plum pudding!" she shrieked with every
dish.
"Bread pudding!" iu smothered tones,
came np from the pile in reply. Then it was
" plum pudding " in rapid succession, the
last cry growing feebler, till just as I can
distinctly recollect it had grown to a whis
per. " Plum pudding!" resounded like
thunder, followed by a tremendous crash, as
my wife leaped upon the pile with her deli
cate feet, and commenced jumping up and
down when, thank heaven, wo awoke, and
thus saved our life.
We shall never dream on wedding cake
again that's the moral.
A Colored Minister Forgets Himself.
The Rev. John J. Jackson, of the M. E.
Church, was arrested day before yesterday,
on a charge of committing assault and bat
tery on Mrs. Lncy Simusoo, a colored sister,
by " bntting " her in too head. Mrs. Simp
san on second thoughts concluded not to
scandalize the colored persuasion by a law
suit, and this morning she withdrew the
charge before Justice Cornwell, the pugna
cious devinc paying the costs $2 50, which
was raised by passing the hat among the
brethren. Brooklyn (iV. II) Times.
A " Pike " was out the other day with a
shot gun after " Quail Meat." He travelled
till near night, shooting often, bnt bagging
no game, because he said he " wasn't used
to the dogorn'd thing." Approaching home,
he saw an old quail standing sentinel on a
high rock; so creeping up within forty feet,
Pike fired both barrels. A broken wing was
the damage done to the bird, and then com
menced a race, the bird getting to the cha
parral first. Pike's companion 6ung out,
"What did you kilj ? " "Nothin'," says
Pike, " but I sot one of the derned things
afoot!" .
The Dat of Rest. While industry is
suspended, while the plow rests in the fur
row, while the exchange is silent, while no
smoke ascends from the factosy, a process is
going on quite as important to the wealth
of nations as any that is performed on bu
sier days. Man, the machine of machines,
compared with which all the contrivances of
the Wattscs and Arkwrights are worthless,
is repairing and winding np, so that he may
return to his labor on Monday with clearer
intellect, with livelier spirits, with renewed
corporeal vigor.
A Misapprehension of Language. The
packet ship Helvetia, when on her last voy
age, was spoken by a bark commanded by a
son of Germany. '
" Yot ship is dat ? " asked Hans through
bis hailing trumpet.
The answer came back, " the Helvetia."
" To h 11 mit yourself, tarn your eyes! "
growled Hans in response.
The vessels parted, and each skipper went
on his way with a very flattering opiuion of
the other's politeness.
Oregon Legislature.
Council, Monday, Dee. 13, A. M. No
quorum present.
CorsciL, Afte'noon. House joint memo
rial, for a tri weekly mail route from Port
land to Yreka, concurred in. Adj.
Horss, Monday, Dec. 13, A. M. Mr.
TYAULT presented a memorial to Con
gress for a tri-weekly mail route from Port
land, O. T., to Yreka, Cal., and moved that
500 copies be ordered printed. Mr. TVauIt
said that the present disconnected state of
the mails was a serious detriment to the
country, and rendered the route prayed for
necessary. . The establishment of this line
would be of incalculable advantage, not
ouly to the southern portion of the country,
but also to the Umpqua and Willamette
valleys.
Mr. DRYER was opposed to printing
memorial. There were reporters here from
the various newspapers in the Territory,
who would doubtless report the memorial
for publication in the papers. His constitu
ents were as much interested in the memo
rial as the citizens of any other portion of
the country; but they could inform them
selves of the nature of the memorial from
its publicatiou in the public prints. . The
printing was nseless and unnecessary.
Mr. TYAULT was not astonished at
Mr. Dryer's position. It seemed to be the
gentleman's policy to oppose certain meas
ures just because he was able to object. He
was in favor of printing in order that the
people might be acquainted with it. The
memorial was a matter of interest to the
whole country, and the' people had a riht
to see it and to discuss it.
Mr. DRYER said he did not oppose the
printing for the sake of opposition, but be
cause he considered it unnecessary. Memo
rials to Congress had been passed year after
year, and uone cf them had ever been print
ed. He considered the printing of the me
memorial an unprecedented, useless and un
necessary exppnse, and for that reason he
shonld oppose it.
Mr. PARKER, favored the memorial, but
would not vote for printing it. He thought
it unnecessary. If it was a law, it would
be necessary to publish it, that the people
might see its provisions; but this was a sim
ple memorial, and its character would be
known from the announcement of its intro
duction. The motion to print was lost 7 to 16.
On niGtion of Mr. HANNAH, the me
morial was adopted.
Mr. UOLTON presented a petition of J.
R Sloan aud others, praying a charter for a
wagon road from Kerby ville to Jacksonville.
Referred to committee oi corporation?.
Mr. McGEE presented the petition of G.
W. Yan Wimple for a charter for a bridge
across North Umpqua, at Winchester. Re
ferred to committee on corporations.
Mr. CROOKS offered a joint resolution,
providing for the adjournment of the Legis
lative Assembly, sine die, on Thursday, Dec.
23d. On motion of Mr. Dryer, the resolu
tion was laid on the table.
Mr. STEYENS moved that Mr. Chap
man be added to the committee on corpora
tions, in place of Mr. Strong, who was ab
sent. Agreed to.
Mr. McGEE offered a joint resolution that
the Legislative Assembly proceed to the
election of Territorial officers on Wednes
day, Dec. . On motion, the resolution
was laid on the table.
Mr. McGEE offered a resolution instruct
ing committee on ways and means to inquire
what alterations may be necessary in tax
laws, io order to equalize assessments.
Bill to incorporate cemetery associations
read second time. On motion, bill consid
ered engrossed, and ordered read third time
to morrow.
Bill to recover possession of mining claim
and water-ditch, read third time. The ques
tion being upon its final passage,
Mr. DRYER thought it was very impoli
tic to put bills npon their final passage on
Monday morning, when many members who
had absented themselves had not yet time to
rreturn. If it was his bill, bo would not put
it npon its final passage. It was establish
ing a bad precedent, to crowd bills through
on Monday morning, when there was a bare
quorum. He would support the bill, but
hoped its passage would be deferred till the
House was full.
Mr. T'YADLT did not see what was the
motive of Mr. Dryer. The gentleman seem
ed to be in favor of doiug nothing at all,
but allowing business to accumulate on our
hands. He did not know what objection
the gentleman had or could have to the bill,
that he should take this indirect way to de
feat it. The bill was of a local character,
and it was important that it shonld pass as
early as possible. If there were objections
to the bill, it had been long enough before
the House to present those objections.
Mr. DRYER said the gentleman from
Jackson was disposed to question his mo
tives. The gentleman had no right to im
pute, unfair motives to aim. The gentleman
had several times charged him with unfair
motives, and with objecting to every bill in
troduced by democratic members. The
charge was false, as the records wonld prove.
He was uot going to submit to this any
looger. The geutlemau from Jackson was
not his master, and he was not the gentle
man's slave. He believed the bill was a
meritorious one, aud he would vote for it ;
but the gentleman's imputations were un
gentlemanly and untrue. The bill passed.
Bill to incorporate Friendship Lodge No.
! R T fl n 1? arni raA thirA timet, aftor
some discussion laid over.
Mr. HOLTON introduced a bill to extend
the charter of Illinois Yalley Wagan Road
Company.
Mr. SMITH, of Yamhill, introduced a
bill for the relief of Yamhill county.
Mr. PARKER introduced a bill provid
ing for-the election of assessors by precincts.
Mr. TYAULT introduced a bill to au
thorize the county commissioners of Jackson
county to levy a special tax, and create a
redemption fund, to pay the county indebt
edness. Mr. PARKER introduced a bill for the
relief of Joshua A. Ellsworth. Read fmt
time. Mr. T'Yault moved to snspeud rules,
and read second time by title lost.
Mr. HOLTON-gave notice of a bill for
the relief of indigent sick in Josephine Co.
Mr. BONHAM gave notice of a bill to
amend an act to regulate fees of certain offi
cers. Mr. WATSON gave notice of a bill to
regulate fees of assessors.
Mr. DRYER gave notice of a bill to pro
vide for the payment of the expenses of the
Constitutional Convention, and of the two
sessions of the State Legislature;
Mr. TYAULT gave notice of a bill pro
viding for keeping in repair the military
road through the Canyon, in Donglas Co.
Mr. HANNAH offered a resolution pro
viding that until further ordered by this
House, the morning session will commence
at ten o'clock, A. M., and the afternoon ses
sion at two o'clock, P. M. Adopted.
Mr. PARKER gave notice of a bill to
exempt homesteads of beads of families from
forced sale. Adj.
House Afternoon. Mr. DRYER mov
ed that bill No. 5, to incorporate the Cas
cade Mountain Wagon Road Company be
taken up. Agreed to. Mr. Haunab moved
to amend Sec. 5, by substituting 25 feet for
12 feet, in width. Lost. Mr. Dryer moved
to refer the bill to the committee ou corpo
rations. Agreed to.
Mr. CHAPMAN offered a resolution, in
structing our delegation in Congress to use
their influence to procure an appropriation
of $10,000 for the removal of obstrnctions
to the navigation of the Willamette, below
Portland. On motion, the resolution was
adopted. Motion to adjourn lost.
Mr. HEDGES moved to refer that por
tion of the Governors message relating to
insaue persons to a select committee of 5.
Agreed to. Committee Hedges, TYaalt,
Stevens, Dryer and Holmes. Mr. Dryer
stated that perhaps he was uot a suitable
person to appoint on the committee, as he
had often been accused of being crazy.
Mr. Craner moved to excuse Mr. Dryer.
Mr. Chapman hoped be would not be excus
ed, as it would be a good thing for the com
mittee to have occular demonstration of ftie
necessity, &c. The motion was cot agreed to.
Mr. McGEE, gave notice of a bill to in
corporate North Umpqua Bridge Company.
Mr. CROOKS moved to take op biil for
relief of D. W. Douthit aud Wm. McMd
len agreed to. The bill passed yeas 25;
nays 0.
Mr. HANNAH moved to take np reso
lution to adjourn on the 23d lost. Motion
to adjourn lost.
Mr. PARKER gave notice of a bill to
restrain or prohibit the traffic in alcoholic
beverages.
Mr. BONHAM presented the petition of
Mahala Card, for diTorce. On motion, the
petition was referred to a select committee
of five, with instructions to report upon the
question as to whether this House has the
legal power to grant divorces. The chair
appointed Messrs. Holmes, Chapman, Bon
ham, TYault and Hannah as said commit
tee. Adj.
Council, Tuesday, Dec. 14, A. ill. The
PRESIDENT introduced a dill authorizing
H.MuIvany and others, to locate certain
roads.
H. B. Nos. 1 and 3 passed to second read
ing. U. J. R. Nos. 5 and 6, were concur
red in.
Mr. WAIT, from judiciary committee,
reported an Act to change the practice and
fix the times of holding courts. Adj.
House, Tuesdav, Dec 14, -4. M. Mr.
NEWCOMB presented the petition of J.P.
Davidson, and others, praying for a charter
for a water-ditcb. Referred to committee
on corporation 3."
Mr. DRYER presented the petition .of
Thoma3 Carter and others, praying for a
charter for a turnpike road. Referred to
committee on corporations.
Mr. NEWCOMB presented the petition
of Lucy Smith, for a divorce. - Referred to
committee on judiciary. .
Mr. DRYER prescuted a memorial from
Messrs. Roberts & Shartle, praying for re
lief, and moved its reference to committee
on claims. Agreed to.
Mr. JONES, from committee on roads
and highways, reported a bill to relocate a
part of the Territorial road from Oregon
City to Pleasant Hill, in Lane county.
Mr. BONHAM presented a petition to
change Territorial road from Albany, in
Linn Co. to Drift creek, iu Marion County.
Referred to committee ou roads and high
ways. Mr. HANNAH, from committee on en
grossed bills, reported House joint memorial
praying for a tri-weekly mail route from
Portland to Yreka; n. J. R. Nos. 5 and 6;
and H. B. No.. 2, as engrossed.
Mr. NEWCOMB, from committee on
corporations, reported a bill granting char
ter to Josephine Wagon Road Co.
Bill to change name of Kerbyville, Jo
sephine County, to Napoleon, read second
time, and on motion was considered engross
ed, and ordered read third time to-morrow.
Bill requiring sheriffs to renew bond with
approved securities, in certain cases, read
second time, and on motion was referred to
committee on judiciary. Bill for incorpora
tion of cemetery associations read a third
time and passed yeas 24 ; nays 0. Bill to
incorporate Friendship Lodge No. 6, I. O.
O. F., at Dallas, O. T, read and passed
yeas 26; nays 0.
Mr. PARKER moved to take from the
table the resolution iu relation to the pur
chase of Revised Statutes. Agreed to.
Mr. Slater moved that the first blank be
filled with the number fifty. Mr. Craner
moved thaWhe resolution be referred to the
committee on ways aud means, with instruc
tions to provide for placing the requisite
number of copies ' of the Statutes in the
Territorial Library. On motion of Mr. T
Yault, the resolution and amendment was
laid on the-tabfe. Adj.
nousE, Afternoon. Mr. TYAULT in
troduced a bill to incorporate the North
Umpqna River Bridge Company. i
CbcxciL, Afternoon. H. B- No. 2, to in
corporate Friendship Lodge No. 6, 1. O. O.
F., and H. B. No. 4, for the incorporation
of cemetery associations, read first time.
Mr. MACK introduced the following joint
resolution: Resolved by the Council, the
House concurring, that when the two Houses
adjourn on Monday next, Dec 20, they ad
journ until Monday, Jan. 3, 1859 adopted.
Adj.
Mr. BONHAM introduced a bill for re-'
lief of N. A. Cornoyer, Sheriff of Mario
County. ' '
Mr. CHAPMAN, of the committee ca
corporation reported back the bill to in-
corporate the Cascade Mountain Wcgon
Road Company with amendments. . Oa mo
tion, the report.of the committee was adopt-;
ed. Mr. Chapman moved that . tha bill be
considered engrossed and read a third time
to day lost. Mr; Hannah moved to refer
the bill to committee of the whole. Agreed
to yeas 17; nays 9. .
Mr. HOLTON offered a resolution, that
when this Honse adjourn on Tuesday next,
it adjourn until the first Monday in January,
-Mr. Crooks moved to lay the resolution on
the table. Aqrreed to.. r
Mr. DRYER moved that a special com
mittee of five be appointed to investigate all
divorce cases which have been or may be
presented to this Legislative Assembly.
Agreed to. The Speaker appointed Messrs.
Dryer, Stevens, Craner, T'Yault and Jen
nings. Mr T'Yault asked to be excused.
Mr. Newcomb was placed in his stead. Mr.
Craner asked to be excused, on the ground
that be wasentire!y opposed to the granting
of divorces by the Legislative Assembly. .
House refused to excuse him.
Mr. BONHAM introduced a bill to
amend an act regulating the fees of certain
officers. , t
Mr. AfcININCH offered a resolution in
structing the committee of ways and means
to report some way of making the Peniten
tiary a self-sustaining institution. Adopted.
Mr. CHAPMAN moved to discbarge the
committee on judiciary from all farther con
sideration of divorce cases. Mr. Parker
moved to amend by including special com
mittee on divorce appointed yesterday. - Mr.
Dryer explained that his motion obviated
the necessity of the motion and amendment.
The amendment to Mr. Chapman's motion
was lost. The original motion was lost.
Mr. Dryer moved a reconsideration of the
vote appointing the special committee.
Agreed to. The motion was withdrawn.
Adj.
Council, Wednesday, Dec 15, A. AT
Mr. STEWARD, from committee on elec
tions, presented report and evidence" ia coin
tested election case of Parker and Peebles.
Mr. CORNELIUS moved the adoption
of the report. Tending the discussion of
the question, the Conseil adjonrned-
CorsciL Afternoon. The report of the
committee on elections in reference to the
contested seat cf Messrs. Parker and Pee
bles, was adopted yeas 5; nays 1. (Tho
report assigned the seat to Mr. Parker.)
On motion of Mr. FORD, Mr. Parker
was invited in the bar of the Council, and
took the oatb of ofSce as Councilman for
the County of Marion.
Mr. MACK gave notice of a bill to amend
the act regulating elections, and the supply
ing of vacancies.
H. B. to recover possession a of mining
claim and. water ditch, read second time, aud
on motion of Mr. Wait, the rules were sus
pended, the bill read third tiiae and passed.
H. B. to incorporate Friendship Lodge No.
6, I. O. O. F., read second time. MrT Stew
ard offered the following amendment, viz:
To strike out Sec. 2, and insert the follow
ing: "See. 2. That there shall be elected
annually, at their last meeting in December,
three trustees of said corporation." Oa
motion, the amendment was adopted. On
motion of Mr. Mack, th rules were sus
pended and the bill passed. H. B. for re
lief of Douthit & McMillen, was read 21
time, and on motion, was referred to com
mittee on claims. II. B. for the incorpora
tion of cemetery associations, read 2d time,
and oa motion, the rules were suspended,
and the bili passed. -
Oa motion of Mr. CORNELIUS, it wa3
ordered that 200 copies of report of com
mittee in contested election case of Farker
and Peebles, with accompanying papers, ho
printed for use of tha Council.
Mr. STEWARD presented the annual
report of the University Land Commission
er. On motioD, 50 copies were ordered
to be printed.
The PRESIDENT announced the filling
of blanks in list of Standing Committees,
by inserting the name of llr. Parker. Adj.
HouE, Wednesday, Dec. 15, A, M.
Mr. SHATTUCK presented the petition or
J. O. Yan Bergen and other?, for a charter
for a railroad from the lower to the upper
steamboat landing at the Cascades, on the
Columbia river. Referred to committee on
corporations. , Mr. Shattuc-k presented the.
petition cf Bael Woodward, for a divorce.
Mr. Stevens moved to refer to special com
mittee of three, with iustructious to report
at the earliest possible moment. Mr. Han
nah moved to amend by referring to judi
ciary coramittee lost. The original motion
was agreed to. The Speaker appointed
Messrs. Stevens, Shattuck and Holmes said
committee. Mr. Shattnck presented the pe
tion of Fanny Cohen for divorce. Mr. Hol
ton moved to refer to judiciary committee.
Mr. Craner moved to amend by referring to
a select comraittee agreed to. Referred to
same committee as last.
Mr. BONHAM presented the report of
the committee on ways and means, in rela
tion to the equalization f taxes. Oa mo
tion, the report was adopted.
Mr. CRANER moved to take from ths
table the resolution to adjourn on the 23d,
sine die. Agreed to. Mr. Crooks moved
the adoption of the resolution, pending the
discussion of which, the House adjourned.
House, Afternoon. Mr. LASSATER
moved that the vote taking the resolution
to adjourn on the 23d iust sine die, froan
the table, be reconsidered. After consider
able discussion the resolution was lost yeas
2; nays 24. Mr, Smith, of Yaaihill, uiov
ed to indefinitely postpone the resolution
agreed to yeas 14; nays 12.
. Mr. CHAPMAN, from the committee on
judiciary, reported back to the. House tha
bill requiring sheriffs to renew bond with
approved security, in certain cases, witk
amendments. - Adjourned- -