VOL. 9. NO. 11.
SALEM, OREGON, TUESDAY, MAY 24, 1859.
WHOLE NO. 427.
rant i.itii- not nr. it thr ha.
On the brow of the brrtlinor crag-, and high,
Standeth the grim old Tower,
Wat rhino- the wet-rW ! tan fro by ;
A soidra idl opon the ky,
A choral of pruiaeaml power.
, Thickly the trenco, creen and grey.
Of the ara-wred, hind its foct ;
And the voire of little rhililrcn ntrar
I ' Up to h echoes, amid their plnv.
And till it with laughter itrtrL
Bat when knnjrrr warm, on the yellow bam,
Open their jaw of foam,
t And the iprar thoota np in crrvtal tpars,
And the wimla howl nerve aiiatliemtui.
High on its granite throne '
Standeth tf-.e Tower, its forehead calm.
Wearing, orrr tho knight,
A Rnhrie eritneon, an opal Charm,
Bendina; aim the wave a lVottm,
To the aiiip that heave in sight.
- And the milor tee that Mesaao leap
Like a nnile aero the storm,
, ' And he know tint mtthrr the breaker's shriek,
, Kor the course he hrars tn the trembling sleet,
Shall do his good ship harm.
Mar that Tower, O God. in the stormy eky,
Be srt a a Sitrn to me! .
And all through life may 1 hear this cry.
When the witiil and the warn are passing by
" rW .t Ni- t f tkt fern V
Womex ix thk Early Union or the
World. Of Eve we have but a very faint ac
count, though it appears from Scripture that she
hail a rerr numerous family, and baseless tra
dition makes her the mother of thirty-three sons
and twenty-three daughters; but beyond this
we have not the slightest record of her mode of
living1, or the manner of her death, thus proving
that even in the very earliest age woman's ex
istence was so completely sw allowed np in the
' stronger one of the man, that it was not thought
accessary to recognize her as a helpmeet for
man. During what is called the patriarchal
period, the condition of woman was oue of deg
radation. With regard to marriage, the ties of
consanguinity were disregarded, for Abraham
married his half-sifter, Sarah ; and Mahur, their
brother, wedded Milcah, his niece.
The affectine episode of Hagar shows that
Abraham entertained a very high estimate of
the value of woman. Rut w uh the exception of
the pleasing conduct of Job, who had out one
. wife, and who extended the same indulgence
to his daughters as he did to his sons, the whole
Jewish history teems with evidence that woman,
except in brilliant instances, was regarded iuno
better fight than a bondwoman. 1 he pastoral
agjes present as with the spectacle of woman
f 2tming the most menial employments. In
' vCneef Moses we find the daughters of a
t ef tlidian taking care of their father's
cfs, wtieh sort of work, according to the ac
count of Josephns, it was customary for the
women to do.
Paddy's Pig. As a shadow to all the suu
BY southern lights, I mnst herein mention that I
did meet with a few extraordinary mean men in
Sidney. . There was one, a merchant prince,
rlM made it a boast that he had never given
Csray a shilling in bis life. So far as I know, he
only departed from bis extreme selfishness on
" one occasion, and the circumstances are worth
relating. One morning a poor Irishman step
ped tat his counting-house, and, looking the
Yry picture ef misery, said : " Oh ! may it
please yer honor, I've lost a pig the only pig I
had and mistress) , the governess, has giv
en me a pound, and sent me to yon for another.
She sars yon have enough gold to build a sty
wid, and will be sure to give me a little. " At
first old hard-fist refused; npon which Paddy
threw himself on a stoat, and raised such a pit
easss wc.il that the merchant, thinking that he
was mad abont the death of his pig, gave him
the pound to get quit of him. Next day the
proprietor of the defunct porker was passing
the warehouse, and seeing his benefactor at the
door, pulled his hat to him. "Well, did yon
get drunk with that pound, or buy another pig !"
naked the rich man gruffly. " Bought a pig,
yer honor a darling little" thing, with a sweet
twist in his tail, like ladv's curl" "Well,
it's to be hoped you'll take better care of him
than yon did of the other. What did he die
off "Die of! Did von say die of now?
Why get out wid ve. ne was so fat I killed
him! Southern lights and Shadows; or,
Life in Australia. By Frank Fowler.
High Authority Appealed to. In bis
charge to thehrry in the Stephens case. Judge
BeeaeveH, of New York said "we have the
te( authority for saving 'all that a man hath
will he give for his life. " A writer in the
Rochester futon, commenting upon this state
ment, says :
Holy writ informs us that "Satan answered
the Lord and said. Skin for skin yea. all that
a roan hath will he give for his life." Job 2. 4.
The doctrine of the Judge may lead to sev
eral serious questions. May not an amendment
to the constitution be necessary to give to Satan
in the city of Xew York higher judicial author
ity than "the Court of Appeals ? The jury in
criminal, as well as in civil cases, must receive
the law from the Court. Is a jury in the city
of 'Sew York competent, who has conscientious
scruples against accepting the Devil as the
highest authority ? These and kindred conside
rations may produce some embarrassment in
the eon its of the metropolis. I will only add,
that West of Cayuga Bridge, Satan is not re
garded by the liench, nor cited by the Bar,
even as respectable authority.
Amicus Curiae.
A Mas without Money. A gentleman
some sixty miles below Xew Orleans was accos
ted by a stranger "Sir, have yon anv money
about you !' " Yes," was the reply, "1 always
make it a point to carry some money with me,
more or less," "Welt" rejoined the stranger,
I wish to go across the river; the fare is ten
cents. Would yon please to accommodate me
with that sum f" The gentleman, putting on
a look of well affected surprise, exclaimed,
"Sir, do yon mean to say that yon havn't ten
cents ?" "Yes sir. I havn't a cent," rejoined
the stranger. "Well," responded the renUc
na, "if voa havn't a cent it'll make d d
little difference which side of the river yon
are," and coolly left the stranger to his own're
flections. How Kentucky became a Democratic
State. The Louisville Democrat gives an ac
count of one of its friends living in Lavere
county, who is the happy parent of twenty-eight
handsome children, of whom eighteen are vo
ters, and all sound Democrats. Six daughters
are married to Democrats, making, with the
lather, twenty-four Democratic voters, who
never fail in "their duty to their party on the
day of election. .
" Xomenclature. The Navy Department
bas named the new third-class steamers as fol
lows: That at Portsmouth, Xew Hampshire, the
"Mohican;" at Boston, "Xarraganset;"at Brook
lyn, "The Iroouois;" the large one at Philadel
phia, "The Wyoming," and the small one "The
Pawnee;" at Xorfolk, "The Dacotah;" at Pen-
acola, "The Seminole;" at Mare Island, Cal
ifornia, "The Saginaw." All these are names
of Indian tribes.
Or " Biddy, did you put an egg in the cof-
to nettle it !" "let, mum, 1 put in lour ;
they were so bad, I had to use,, the more of
tnem."
17 Here is a toochinjr specimen of telegraph
literature ia a dispatch, concerning the death of
a near and dear relative: "John dead on ice
wont keep come quick."
, G One of the finest writers says, that the
nurhtlr dews come down npon us like bless
ings." How different the dally dues come down
npon ns tnese nam tunes.
GOTRRXOR'S mKSMAOK.
Gentlemen of the Legislative Assembly :
On receipt of the news of the admission of the
State of Orernn into the Union, I deemed it
necessary that the Legislature should be con
vened. Acting tinner tne provisions w tne
Constitution, a proclamation was issued ; and I
now proceed to respectfully call your attention
to some of the nu-asures w hich will probably
demand your attention.
Much business t ill doubtless press itself upon
you more than ns contemplated by the Irn
mers of the Constitution should ever come be
fore any called session of the Legislature. The
Constitution provides that when the Legisla
ture shall be convened by proclamation, the
Governor "shall state to both Houses vhen as
sembled the purpose for which they shall have
been convened." In this ease itVill be int
possible for me to state the purpose for which
you are assembled ; ns the wnuts of the State
are many and various ; but the measures which
present themselves to my mind as demanding
your early attention, may be enumerated under
a few head.
The act of admission by which Oregon en
tered the Union contains certaiu propositions
ninde to the peoplo of Oregon, for their free ac
ceptance or rejection; a copy of this aet is here
with transmitted. Doubtless action by you in
your representative capacity, is all that is con
templated bv the provisions" of this bill.
A law under which the several oflieers elect
ed under the State can qualify, and enter unon
the discharge of their several duties fixing the
salaries ami emoluments of such as are not fixed
by the Constitution, defining the duties of the
several judicial and minifterial oflieers, are
measures that canuot be dispensed with.
Dividing the State into Prosecuting Attor-
nev's districts, and nrnriilinc for ti. filling ,.l
ofllecs where they shall be found to be vacant.
From the lau section of Article 7 of the
Constitution, I nm of opinion no prosecuting
attorners were electe.l fur t!- .Qttu at
Jnne efection for IF59, and certainly none were
elected nnless the Legislature shall so district
the State for that purpose r.s to make them
agree with the judicial circuits, a plan of dis
trieting which is of doubtful expediency.
Districting the State into Presidential electo
ral districts and providing for their election, and
the discharge of their duties, will doubtless de
mand a portion of j our time.
Yonr attention is called to that portion of
the bill for the admission of Oregon w hich pro
vides for certain lands granted to the State, be
ing selected by the Governor. It is a matter
of much doubt whether laud- can be selected
under this grant that will materially add to the
Crosncrity of the State. It is quite certain that
tit little valuable land remains unoccupied in
any of the valleys west of the Cascade moun
tains, and unless this land can be located east
of the mountains, but little advantage can be re
alized from the grant, and owing to the limited
surveys in this part of our State it mar be a
question whether they can be located there or
not.
The exact amount of the State's indebtedness
is not yet know n, but estimated at a sum not
exceeding ten thousand dollars. It is not the
part of w isdom, policy, or prudence to neglect
or defer the payment of a just debt any longer
than is absolutely necessary ; therefore I re
spectfully recommend that the State tax be in
creased ; the Territorial Legislature at its ses
sion for lr?.!?-! increased the Territorial tax
for the present year to one and three-fourth
mills, and at the same time provided for audit
ing and allow ing tte expanses of the Couetita
tional Convention. The three-fourths of a mill
being for the purpose of meeting these claims,
although this tax has not yet ln.cn let ied, 1 am
gratified to be able to inform you that only
about two thousand dollars of the expenses (if
the Constitutional Convention remain unpaid ;
about six thousand dollars having been already
drawn from the Territorial Treasury in liquid
ation of these claims.
Justice would teem to demand that all claims
against the State should draw interest from the
time they are audited and allowed until paid;
and certainly it would not be the part of econ
omy to keep a considerable amount standing at
interest against the State ; besides the State is
as much bound in equity to pay its debts when
due as an individual.
The election of a United States Senator to
fill the place recently held by the Hon. Drla
zon Smith, w hose term of office has expired, w ill
engross a portion of your time.
I must call yonr attention to t'ae condition of
the executive and administrative department.
While much business is pressing itself upon
those branches of the poverunu ..i, there are no
laws applicable in the discharge of the duties of
these departments.
Section 8, Article 0, of the Constitution pro
vides that' all stationery required for the use
of the State shall be furnished by the lowest re
sponsible bidder uuder such regulations as may
be prescrilied by law." T' is a subject of
pressing importance, as a r.all amount of
stationery has already been procured for the
use of the State in the absence of any provision
of law.
There seems to be no provision in the Con
stitution whereby a representative to the thirty
sixth Congress might be elected, of course it
will be necessary to pass sorn. law w hereby
that place may be filled.
The location of a permanent seat of govern
ment has probably agitated the public mind
more than any other question in Oregon, an
ticipating the almost certainty of its being
mooted at this present session ; I have thought
proper to submit some of my views relative
thereto.
Xo law either Constitutional or Statutory will
be observed or respected wheria majority of
the people affected by it are opposed to its'pro
visiops. On the contrary laws that commend
themselves to the favor of the people will al
wars be respected.
The election w hich adopted the Constitution,
adopted all and every article of that instru
ment by such a majority as to leave no doubt of
its bein-j the will ot the people, the Constitution
provided for certain acts being done at certain
times, and in certain ways without regard to
the admission into the Union, but making the
adoption of the Constitution all that was neces
sary to give it effect.
Section 10, of Article 4 of the Constitution
provides that " the sessions of the Legislative
Assembly shall Iks held biennially at the Capi
tal of the State, commencing on the second
Monday of September, in tne year eighteen
hundred and filty-eight" Ac. Surely this pro-
ides for retrular sessions and that the first shall
be begun in September, 1858. Section 1, of
Article 14 provides tliat " tne iegisiam c as
sembly shall not have power to establish a per
manent seat of Government for this State. But
at the first regular session after the adoption
(not admission) of this Constitution, the Legis
lative Assembly shall provide by law for the
submission to the electors of this State at the
next general election thereafter, the matter of
the selection of a place for a permanent scat of
government, &c ow it is clear that the tra
iners of the Constitution contemplated a meet
ing of the Legislature in September 1838, and
the meaning of the law maker is certainly the
meaning of the law, especially when like this it
admits of no other interpretation. Xow, if
those provisions are only directory, then 'i,ar
fiftbs, if not all, of the Constitution of Orocon
is simply directory, which in my opinion ould
be establishing rather too loose" a rule for inter
preting our fundamental law?. With me the
conclusion is irret-istible that th,5 legislature did
fail to discharge an obligation imposed npon
them by the Constitution, making it their duty
to hold a session in September 1656, and pro
vide for the submission of the seat of govern
ment question to the people. If we are allowed
to put so forced a construction upon so plain a
provision, w tint may not our ingenuity tin where
there is any ambiguity. If we say the Consti
tution did not bind us to enrrv out its nrovis-
ions by meeting in September, and providing
ior urn sunmisMon rt the sent ot government
ouest ion, certainly it cannot bind us to make
the provisions at some future session, when no
such action is contemplated by the Constitution.
Surely if e are not bound hi the first place we
cannot be in the second.
It is not for me to decide whether it would
have been better to have held the September
session for 1658. It would certainly have in
creased our State debt very much, tuough most
of the business of the present session might have
been transacted in September last, by providing
that the laws should take effect from and after
the admission. However, the present session
could not have been avoided; action on the
proposition made bv Congress, is well as the
election of a United States Senator, demanded
a meeting of the legislature immediately after
our admb-fiuu. Xo doubt this subject fias in
duced too much angry discussion and bad feel
ing, which may be more or less attributable to
fancied or real wrongs committed by one part
of the State upon another. It never should be
made to usurp the otherwise useful time of our
Legislative bodies, and but for the uncertainty
which hangs over its permanent settlement, 1
should not have adverted to it. If this Legis
lature should think that the Constitution had
spent itself on this subjict and should take ac
tion ns thotih no provision had ever existed in
the Constitution, iu regard to the seat of gov
ernment, and their action should come before
the courts ns to its conxtitutionality, it might or
might not be sustained, and a succeeding Leg
islature might le induced to take action with or
without regard to the opinion of the court as
expressed, and be sustained by a succeeding
court. Courts do not all interpret alike, nor
are they infallible any more than legislative
bodies.
It would truly be a misfortune to permit the
the time of the present session to be consumed
in discussing this question, which cannot be said
to be a part of the organization of the Slate,
which is the purpose for which von are con
vened.
The continual dm ft upon the capital of the
people for many of the necessaries ol life, w hich
are shipped to "this country, is being felt by all
classes of citizens.
It is true there is no capital broueht to the
country except what comes from the mines of
our own and neighboring States. And it is
equally true that this source fails to keep up the
supply for business transactions, under our jn s-
there is a sufficient amount of gold produced iu
the country to answer all the reasonable de
mands of our country cannot be denied, but
that it is scarcer now than it h is been the past
seven 1 yeats is conceded by all. If we were
to receive tw ice the amount we now receive
from the mines, and the system of economy
should continue, the same results would nev
ertheless be realized. If we would secure to
ourselves that wealth and prosperity that
lTovuienee tiesijnea lor ns, we must make use
of the means so abundantly withiu our reach.
It reonires no argument or proof to convince
the most skeptical that Oregon has the elements
to produce her own supply of leather, hats, salt,
iron, A"c, all of which enter largely into our
consumption, and are necessary staples of civ-
inzea inc. -To
sav that some of these articles can be
shipped to Oregon cheaper than they can be
produced here is no argument against the lat
ter; for if the capital that annually finds its
way from Oregon w as saved to the country, we
would be well able to pay a much higher "price
for an article of domestic" or home production.
than we now pay for the imported article.
Wealth is independence and independence is
w ealth in a pecuniary point of view, but wealth
does not consist in tlie amount of means that
may pass through the hands of a people where
no part of it is retained in the country ns capi
tal. It is not pretended that the remedy for
this evil lies w ithin the reach of Legislative ac
tion, but is a subject well worthy the conside
ration of all w ho have the w cahh and prosperi
ty of our new State at heart.
Our Constitution is a model of economy such
salaries as are fixed by it tire supposed to be as
low ns the duties pertaining to the offices can
be discharged for. I have uo doubt the coun
try will expect the legislature to carry out the
same principles where it is charged with pro
viding salaries not fixed by the Constitution.
It is exceedingly desirable that all the busi
ness requisite to the perfect organization of the
State should be transacted w ithin the twenty
days allotted to a called session of the Legisla
ture. In conclusion, let me sav, 1 shall at nil times
be ready to give my assistance or concurrence
where my ow n sense of propriety shall not for
bid. JOHX WHITE AKER.
Executive Office, Salem, May 16, lftjil.
ORKUO LEIilSLATinE.
SPECIAL session.
Senate, May 16th, I850, A. ,V. The fol
lowing members were present, viz: Messrs.
Bristow, Williams, liuekel, Cornelius, Lamson,
Colby, Way mire, Florence, Gazley and Elkins.
t. t. Halt was elected clerk pro fim.
Mr. FLOKEXCE moved that a committee
of five be appointed to draft rules for the gov
ernment of the Senate. Aereed to and Messrs.
Bristow, Iomson, Wavmire, Gazley and Ber
ry appointed said committee. Adj.
House. May iwn, A. M. Hie following
mcmlHrs appeared and answered to their names;
viz: Messrs. Bureh, Crooks. Craner, Hannah,
Hedges, Ilovt, Melninch, Xewcoinb, Shelby,
Wait and M r. Speaker. A quorum not being
present, the House took a recess of half an hour.
1 lie time ol the recess liavmtr expired, a ono-
rom appeared. The House proceeded to the
cleetiou of a Scrgcnnt-at-anus. J. C. l-'ranklin
and W. A. Culbertsoti were put in nomination.
J. C Franklin was elected. Theodore Bur-
mester was elected Assistant Clerk, W. A. Cul
bertson was elected door-keeper.
1 he speaker announced the following stand
ing committees :
Judiciary. Messrs. Harding, JJominni, tra
iler. Bureh and Slater.
Way and Means. Messrs. Cochran, Thom
as and Hoi ton.
Clains. Messrs. Hedges. Xcwcomb and
Crnzan.
Education. Messrs. Melninch, Xorris and
Lasater.
Military . Messrs. Burch, Patterson and
Stevens.
lioads and Ilighicays. Messrs. Cozad,
Shuck and Crooks.
Engrossed Bills. Messrs. Patterson, Hoyt
and Trevitt.
Enrolled Bills. Messrs. Hannah, McCuIly
and Xichols.
Indian Affairs. Messrs. Holton, Tichenor
and Trevitt.
Printing. Messrs. Crooks, Shelby and
Wait. .
Corporations. Messrs. Dryer, Crooks and
Rinearson.
Commerce. Messrs. Shelby, Hannah and
Tichenor.
Counties. Messrs. Lasater, McCnlly . and
Bowlbv. -
Elections. Messrs. Xewcomh, McGco and
Morrison. . '"
Joint Committee on Eenrolled Bills. Messrs;
Bouham and Craner. , Adj. .
Senate Afternoon. E. E. Haft was elec
ted chief clerk ; I. X. Choynski assistant clerk.
and II. P. Casey enrolling clerk.
The committee on rules reported. Report
adopted.
Mr. CORNELIUS moved that the House be
infonned that the Senate is now in session, and
ready to hear from them. Agreed to.
Mr. CORNELIUS moved that the President
appoint a committee of two, to act w ith n like
committee on the part of the House, to inform
his excellency the Governor that the two
Houses are nowrendy to receive any communi
cation he may think proper to make agreed to,
and Messrs. Cornelius nnd Bristow appointed
said committee.
The committee reported a communication
from the Governor, which was read, and 500
copies ordered printed. Adj.
House Afternoon. Mr. HANNAH moved
that one hundred copies of the rules be printed
for the use of the House agreed to.
Mr. SLATER moved that the Sergeaut-at-nrms
be requested to furnish stationer)" for the
immediate use of the House.
Mr. DRYER moved that a Joint committee
of two on the part of the Hotue .with a like
committee oil the port of the Senate be appoin
ted to wait upon his excellency the Governor,
and inform In in that the two Houses are now
organized, and ready to receive any communi
cation be may think proper to ninke agreed
to. Messrs. Dryer and Burch were appointed
on the part of the House.
The committee, after a short absence, report
ed thmtieh their chairman Mr. Dryer, a com
munication from the Governor, which w as read.
On motion, the message and accompanying
documents were laid on the table and 4 000
copies ordered printed.
Mr. IIAIiIHNU introduced a lull to provide
for it special election. Laid on the table and
ordered printed. Adj.
Senate, May ilth. A. M. Mr. BRIS
TOW introduced the following resolution : lie
srfred. That the chair appoint a committee of
two, to net w ith a like committee on the part of
the house, to report joint rules for the govern-'
ment of both Houses adopted, and 5Iessrs. '
Bristow and I.ttmson appointed said committee.
Mr. i At Ml It I. introduced a lill to regu
late the Treasury department.
Mr. GAZLt 1 moved that the See. of State
be requested to furnish each member of the
Senate with the constitution niut laws of Ore
gon, and the journals of last session agreed
to. Adj.
Hot sr. Mav 17, A. M. Mr. HARDING
introduced n bill to fix times for holding county
courts, regulating practice therein, and provi
ding compensation tor the jtieges thereof. Ice
ferred, with the subject of organization of coun
ty courts, to judiciary committee.
Mr. BURCH introduced a bill to provide for
a seal for the Stnte of Orepon.
On motion of Mr. UHl LR, a committee of
two, consisting of Messrs. Liner ami icbcr
w ere appointed to act w ith a like committee of
the Semite, to prepare joint rules.
Mr. HARDING moved to amend lull to pro
vide for special election, by providing for the
elect iou of one assessor for each county iuthis
State agreed to ayes 18 ; navs 9.
Mr. HAKDING moved to till the blank with
the 0th of June. Mr. Shuck moved the first
Monday iu July. Mr. Shelby inovid the first
Monday in Aujrust. Mr. Slater moved the first
Monday in September. Adj.
Senate A ilernoon. Mr. GAZLEY moved
that the Sergeant-at-anns be requested to in
vite the clercT of Salem to open each morning
session of the Senate by prayer. Laid on the
table.. : Ay. . ..
HorsE Afternoon. The bla-jk 4n the bill
to provide for a special election, vaa filled with
the fourth Monday in June.
Mr. BONHAM introduced a resolution limit
ing members in debate to twenty minutes. Mr.
JJrvcT moved to lay on tne table lost, itesoiu-
tion adopted.
Mr. HARDING introduced a resolution, call
ing upon the late Territorial Treasurer to re
port to the legislature a detailed account ot the
finances of the Territory at the time the news
of the admission of Oregon was received nt
Salem adopted. Adj.
Senate, May ISth. A. M. Mr. G AZLEY'S
resolution, inviting the clergy of Salem to open
the morning sessions of the Senate with prayers,
was taken Irom the table, amended nud adopted.
Mr. AlMIRL ollered the following reso
lution: lietolrtd. That the Secretary ol State
be requested to furnish the Senate w ith a state
ment of the amount expended in sustaining the
Penitentiary m the years lco7 lcja and the
first half of 1859.
Mr. BRISTOW reported on behalf of com
mittee on joint rules adopted, and 25 copies
ordered printed.
Mr. UALLi ollered a res'yntion, that tne
Senate shall meet each day at tlie hours of 10
A. M., and 2 1. M. adopted. Adj.
House, May ISth. A. M.Ur. SHELBY
presented a petition from the citizens of Curry
county, praying rime action in regard to per
manently locating county scat ot said county
referred to committee on counties.
Mr. RINEARSON presented a petition of
citizens of Oregon City, praying an amendment
to charier ot said city, referred to committee on
corporations.
Mr. SHELBY introduced a bill to equalize
and consolidate taxes.
Mr. PATTERSON introduced a bill to ex
tend the provisions of an act of the Territorial
Lecrisluture to authorize Charles lutnani and
others to construct a roud dow n Elk creek, be
tween Eugene City and Scottsburg. Mr. Hard
ing stated that there was a constitutional objec
tion to the bill. The bill was laid on the table.
Mr. BONHAM gave notice of a bill to con
firm the sales of Common school lands.
Mr. BURCH moved to refer bill to provide
for special election to committee on elections.
Mr. CRANER wished to kuow the reason for
the reference. Yesterday it was deemed import
nut that the bill be passed w ithmit delay, and it
ought not to be referred backij) Ifee committee
without goou reasons.
Mr. 11 AN X AH thought the bill was deficient.
and ought to be perfected before being passed.
Mr. BURCH said he had no objection to the
bill, but had been requested to move the refer
ence. He w ithdrew the motion.
Mr. HANNAH renewed the motion agreed
to. Adj. till Thursday, at 10 o'clock.
Senate, May 19th, A. M. A communi
cation was received Irom the secretary ol
State, enclosing the follow ing :
Statement of the expenses of sustaining the
Penitentiary of the State of Oregon, for tho
years 1857, 1858, and the first half of the year
1859: -
Amount expended for tlie year
" " " " 180S.'
5,13, 17
6.4ttt VS
" first linlf of 18i'J. 6.13144
The last amount named in the aboveincludes
the appropriation of $2014, 64 (for supplies,
&c,) made by the late Territorial Legislature.
The amount of tho claims awarded by the
Hon. Geo. II. Williams, as commissioner, is not
included in the above-. .
The communication was referred to commit
tee of Wars and Means. " -! -' ,
Mr. BR'ISTOW introduced a bill to bo enti
tled an act relating to the qualification of jurors
for the Circuit Courts, and the mode of select
ing them. Also a bill to regulate the practice
ol the Supremo and Circuit Courts. M ,
Tho bill to regulate tho Treasury depart
ment w as referred to committee of the whole.
House, May 19th, A. M. Mr. DRYER,
from committee on corporations, reported a bill
to amend the Oregon City Charter.
The committee on elections reported the bill
to provide for a special election, with amend
ments, w hich were adopted, and the bill passed
ayes 31 ; nays 0. ,
Mr. SHUCK offered a joint resolution, that
the two Houses meet in joint convention to mor
row, at 2 o'clock P. M. to elect a U. 8. Sena
tor. Mr. Shelby moved that the resolution be
laid npon on the table agreed to aye 16 ;
nays 15.
Mr. McININCH offered a resolution, re
questing the Secretary of State to furnish each
member of the House with a copy of tlie Consti
tution of this State, session laws of 1855 "5(1,
1856 '57, 1857 '58, and laws and journals of
session of last winter adopted.
Mr. SLATER offered a joint resolution, that
the two Houses meet in joint convention at 2
o'clock P. M. on Friday, May 27th, for the
purpose of electing a U. S. Senator.
Air. DRYER opposed the resolution, for sev
eral reasons. First, because the time was too
long ; second, because he was a man of humane
feelings, and thought it an unnecessary cruelty
to prolong the agony of the candidates ; third,
he didn't like the source from which the res
olution had come; and fourth, a similar resolu
tion, only differing from this in regard to the
time designated for the election, had just been
laid upon the table. He did not sec the use or
necessity for postponing the election of Senator
any longer. It was certain that some reliable
and time-honored democrat was to be chosen,
and the race might as well come off now.
There was plenty of stock on the track, from
the clean-limbed and high-mettled Eclipse all
the woy dow n to Cayuse. They had been trot
ted round the track, and exhibited their points.
and members ought now to be prepared to se
lect a nog to suit them.
Sir. SHELBY said that he had moved to lay
the previous resolution upon the table, because
he believed that from the time a day was set
for the election of Senator, no other business
would be done iu the legislature. He did not
believe a Senator would be elected this session,
and he hoped the question would not interfere
with necessary legislation. Mr. Shelby moved
to lay the resolution on the table uot agreed
to ayes 5 ; nays 26. "
Mr. SLATER explained, that his object in
designating the 27th inst. for the Senatorial
election was to give time for legislation upon im
portant and necessary measures before the elee
tion. Several dars mnv be consumed in the
election of a Senator, to the exclusion of every
thing else; and the session may expire with
out any measures being taken to oicanize the
courts, or to do ninny other things necessary to
set the State government in lull operation.
Another reason was. that tlie members were
not all in, and he wished to give them time to
arrive, lie was also a humane man, and af
ter tlie slaughter of Senatorial candidates was
over, be did not want the stench ef the dead to
alilict the nostrils of the members.
Mr. CRANER was in favor of the resolution.
for the reasons that Mr. Slater had urged, aud
for other reasons. A number of members were
yet absent ; their colleagues v ere anxiotn that
trier siionitl l e here to take port iu the Senato
rial election; and by the '27th inst. all would be
here w ho w ere coming at all. He also believed
that no other business would be done after the
election for Seuiitt.r commenced. As soon as
the Senator w as elected, it w ould be impossible
to keep members here; a greet many of them
would leave as soon as that wss done, and the
Lrgiriature be left without a quorum. The ju
diciary committee had under consideration the
subject of the organization of the courts, and
he thought it important that legislation should
be had upon that subject immediately. There
would be time enough, alter that was done, to
elect a Senator.
Mr. HARDING was of opinion that until
the Senatorial question was disposed of, nothing
else would bo done. The rentlemau from
Linn had spoke of the business in the bauds of
the judiciary committee. He and the gentle
man (Mr. trancr) were both .members of that
committee. The last time he attended a meet
ing of the committee, two of its five members
were sound asleep, and two were discussing the
question of the Scnalorship. The two who
w ere asleep had been up all the night before at
a Senatorial caucus. This was a good indiva
tion of the feeVmg of members generally in re
gard to this subject. The committees w ere do
ing nothing and the legislature was doing
nothing, and they could do nothing until the
Senntorship was disposed of. As for himself,
he thought he could come as near attending to
his Legislative duties as any other member;
and he foutid it impossible to do unything else
w bile the Senatorial question w as on the board.
He hoped it would be got rid of as soon as pos
sible, so that time might be allowed for some
thing else. Mr. Harding moved to nuicud the
resolution by striking out all that part of it
which designates the dav of election. Some
discussion ensued upon the amendment, pend
ing whirli the House adjourned until 1 o clot k
A. M. to-morrow.
Senate AJlernoon. Mr. BRISTOW of
fered a joint resolution, that the Legislative
Assembly go into a joint convention ou Satur
day, May 21st, at 10 o'cl.ck, A. M., for the
election of a U. S. Senator.' Mr. Brown moved
to lay the resolution on the the table lost.
Mr. WAYMIHE moved to adjourn lost.
Mr. BKISTOW'S resolution 'was lost ayes
7 ; nays 7. Adj.
Senate, May, 2G(h, A. M. Mr. WAY
MIRE, from committee on ways nud means,
reported a bill to lease the Penitentiary.
Mr. GAZLEY offered a resolution for the
appointment of a committee of two to confer
with a like committee on the part of the House,
and ascertain ond make a report of the expen
ses of the Legislative Assembly which met at
Salem on the first Monday of July, 1858, aud
also the probable expenses of the present ses
sion adopted.
House bill to provide for a special election
was referred to a select co.nmitlee, consisting of
Messrs. Wuyiuirc. Berry and Cornelius.
Bill to regulate Treasury department passed
nveslt; u:iy 1. Adj.
Hoist:, May, 20t, A. M. Mr. HARD
ING, from judiciaiy committee, reported a bill
to organize county courts, and defining the ju
risdiction and duties of judges thereof.
Mr. HANNAH ollered a bill to provide for
the submission to the electors of this State the
mutter of the selection of a place for the per
manent location of the seat of government.
Bill to provide for the seul of the State of
Oregon was read second time. Mr. Craner
moved to amend sec. 1 by inserting enacting
clause agreed Ur."
Bill to equalize aud consolidate taxes? refer
red to judiciary committee. "
Bill to amend Oregon City charter, on mo
tion of Mr. Slater, was amended by striking
out sec. 3. The bill was refeiied to committee
ou elections. :. - . -
The SPEAKER presented'a report from the
State Treasurer laid on the table, and 100
copies ordered printed." -
A communication was read iron the Sec
retary of State. -
House joint resolutions, relative to Senatorial
election, w ith Mr. Harding's amendment, pen
ding ou the adjournment yesterday, was taken
np. Mr. Bonhain moved to amend the amend
ment, by inserting in lieu of the words proposed
to be stricken out, the words 'Saturday, the
21st inst., at 2 o'clock P. M." agreed to
yeas 19; nays 13. Mr. Shelby ' moved that
the resolution, ua amended, be laid on the ta
ble not agreed to yeaa 11 ; nays 22. The
amendment, aa amended, was then adopted
yeas 21 ; nays 11. The resolution, as amen
ded, was adopted yeas 20; nays 12. Adj.
Senate Afternoon. Mr. GAZLEY ottered
a resolution; calling upon the committee to
whom was referred House bill to provide for a
special election, to report the same bock to the
Senate to-morrow at 10 c'lock A. M. lost.
House joint resolution relative to holding
convention for election of U. S. Senator on the
21 it inst., was takeh up. Mr. Waymire
moved to amend by striking out "Saturday the
21st, and inserting "Tuesday the 24th"
agreed to yeas 14; nay 1. Resolution as
amended passed yeas 15. Adj.
House Afternoon. No business being be
fore the House, on motion adjourned, until to
morrow, at y o'clock, A. M.
STANDINQ COMMITTEES. ' "
Judiciary. Bristow, Larason and Oazley.'
Ways and Means. Waymire, Wells and
Grim.
Elections. Colby, Scott and Williams.
Claims. Grim, Waymire and Mclteeney.
Corporations. Berry, Colby aud Cornelias.
Counties. Brow n, I lorencc and Berry.
Military Affairs. Ruckel, Cornelius and
Scott.
Commerce. Gazley, AV ells and Ruckel.
Education. Wells, Lamsoa and Mclteeney.
Engrossed Bills. Lanisou, Bristow aud
Williams.
lioads and Highways. Florence, Brown
and Gazley.
LRTTER FBO.H BSIEBlltU.
A horrid affair at lloseburg A citizen shot
down in the streets by an outlaw; The
murderer hung by the People.
RosEBcno, May II, 1859.
Editor Statesman Dear Sir: I have
been in town a couple of dnvs attending the
burial rites of our esteemed" citizen, Elv B.
Robins, ou, and before returning, 1 shall en
deavor to give you a brief recital of the tragic
scenes w hich have been enacted in this place
during the last three days.
On Saturday last, the 7th inst an Irish vag
abond named Mcl'herson, who had been hang
ing around this vicinity some six months past,
made an attempt, in Dearborn's store, to kill
George Gengcr by shooting at Lira with a Colt's
Re vofver, concealed in his, bosom. This was
done without any provocation at the time. Oer
cer left him. and proceeded to make complaint
before Ely B. Robinson, a justiee of the peace,
whoissue'd a warrant for Mcpherson's arrest.
In the meantime, the wretch hud visited the
house of Vincent Davis, and said he was goin
home and wanted tome, balk to load his pistol
with. Mr. Davis, not knowing that any difli--culty
had occurred, stepped out to procure some
balls. After he had goue out McPherson said
to Mr. Davis that when her husband returned T
he meant to shoot him. She becoming fright
ened raised a cry which alarmed the neighbor
hood. Mr. Robinson and the deputy sheriff
commanded the culprit to give .-himself up.
Mcl'herson drew bis revolver, and swore he
would not be taken alive, at the same time re
treating aeross the Deer Creek bridge, swear
ing that he would shoot the first man w ho came
upon the bridge. In nn instant the entire pop
ulation were in pursuit of him. But few of
them, however, had any weapons. Several
citizens advised him to give himself up, and he
should uot be hurt, among others, Mr. Dun
seth, whereupon he fired at Mr. Dunseth. A
number of shots were exchanged between Mc
l'herson and the citizens t one of Mel'herson's
shots struck Mr. Dunseth in the hand, another
struck E. B. Robinson, Esq., in the side. It
was soon ascertained that the wound was fatal.
After McPherson had discharged all the balls
from his pistol, he was finally taken by Mr.
Singleton, who had a desperate baud to hand
combat with him. Bv this time the excite
ment was so intense that a rope was placed
aronud the cu!j ril's neck, ar but for the
intervention of judge Deady he would at that
time have paid bis last earthly debt. The
judge's councils however prevailed for the time.
and he w as lodged in jau.
Mr. Robinson died on the following day, be
ing Sunday the 8th instant.
While iu custody, McPherson had threatened
the lives of several of our citizens. There were
also some very suspicious characters prowling
around tow n, who were known to be comrades
of the prisoner, and were overheard in conver
sation about the propriety of Luruiug the jail.
All these circumstances and many more of a
similar character, aroused in the minds of the
people n desire for summary vengeance npon
the guilty murderer. Ou Monday, the 9th in
stant, w hile the prisoner was undergoing a pre
liminary exan ination before justice Fitzhugh,
he was taken from the justice's hands and es
corted by a very large crowd to the bridge near
town, from which, iu the tw'.ukling of an eye,
he w as launched into eternity, nud all the peo
ple said Amen.
We do not believe in Vigilance Committees
nor have I evi r been a disciple of judge Lyuch's,
and uo man l.as a higher respect for the majes
ty of the law than your humble correspondent.
But we do believe that crimes may be commit
ted of such aggravated circumstances, that the
people mny rise np iu their majesty and might,
and assume the prerogative of judge, jury, and
executioner, and if t'jere ever was a case we
believe this was one. A good man had been
shot down like a dog. Nothing but a log-pen
to secure the culprit, and the people in dread of
the incendiary torch of confederates without.
The above particulars we have gleaned from
reliable persous who were present, and are
true in the main, though there may be iu the
detnils some slight errors.
Mr. Robinson was buried on vesterday, in the
Masonic burying ground neor Roseburg. The
funeral was'celebrated by the Masonic Order
according to the customs of that fraternity.
The Odd Fellows also joined in the procession,
and thus manifested their highest regard for the
memory of the deceased. A numerous con
course of citizens also attended the funeral.
To-day, peace and quiet reigns iff our vil
lage, aud we are as law-abiding as though there
had been no blood shed tnl violence in our
midst. Very respeetfnllv,
JAMES M. PYLE.
Tribute of Respect to the Memory of Ely
Bradford Bobinson. by Laurel Lodge Ko
13, A. F. and A. M.
At a called Communication of the Lodge
held at Masonic Hall, Roseburg, Oregon, May
10, A. D. 1859, A. L. 5859, the following
preamble and resolutions were adopted :
Whekeas, in the working of His Allwise
Providence, it hath pleased Almighty God to
take unto himself our Brother Ely B. Robin
son, w ho was slain by an assassin, in the dis
charge of his official duty, as a peace officer of.
the United States, in the village of Roseburg,
Oregon- on the 7th day of May, 1859, by which
afliicting dispensation Our Order has been de
prived of one of its most consistent and zealons
members, while the community has lost an up
right roan and good citizen. Aud whereas, it
is proper that w e should express the depth of
our feelings at this calamity, to the Masonic
Fraternity, as well for the purpose of evincing
our respect to the dead, as to point the living to
his example as a pattern for their emulation.
Therefore,
Resolved, That the upright walk of our de
ceased worthy Brother, in a life of virtue, and
devotion to the happiness of his fellow man,
commends itself at all times to our highest ad
miration. Resolvid, That we sincerely sympathize with
tho bereaved family and brother of the deceas
ed, and tender them our heartfelt condolement,
in this their hour of affliction..'..
Resolved, That the members of this Lodge
will wear the customary badges of mourning -for
thirty days. -
Resolved, That the Secretary furnish a copy
of these resolutions to the family of our deceas
ed Brother, and also a copy for publication.
S. F. CHADW1CK, W. M.
Jas. M. Fyle, Secretary.
tifeXTBB FBOIB t;l3iA c.
Rouhd PRAntns, May 1, 1859.
A. Bush Esq., Dear Sirt I find the Lao
men opposing D. Smith. What does thk mean!
This question I have asked several times, and
received as an answer, he is rather slippery and
cannot be trusted. The Lane men seem to b
divided on this question. Some are for CoL
Chapman, and many for Mr. G rover, in fact,
he is first with all except black republic.
(I mean the vaterm.) I have not had any bus
iness with taa Lane leaders with the exception
of having a talk with some of the southern del
egates to the convention ; and from what infor
mation I could obtain from them in relation to
Mr. Graver's defeat, in obtaining the renonrina
tion, the only reason argued was that he had
attended to Lis own business ; (that which tha
Eeople sent him to attend to,) and left Gen.
.ane and Smith to clear np the Gen.'s dirty,
work. This is the first time I ever heard of a
man being condemned because he did his
duty.
" Douglas" who writes from this county, I
am sorry to say, is mistaken as to the political
views of J. D. "Burnett. That the Winchester
influence defeated him in the last election, I am
confident was the ease, for the Lane men at
Winchester doubted him, and believed him to
prefer Deady .to Lane. So far as I am con
cerned, I have always preferred Deady, and
w hen tlie judge was a candidate for Constitu
tional Convention, I am satisfied that the Win
chester influence was against him. Also, the
same Winchester Land Office influence was at
that same time down on yon, on the grounds
that you was they termed it. As I said above,
I am confident that the Winchester influence
defeated J. D. Burnett, and could not be con
vinced otherwise. Also, E. N. Bowman, al
though he was on the national ticket, and for
the reason Bowman was a great friend of Col.
Ford, and they knew that the Col. was by no
means a Lane "man ; at least Winchester knew
that the Col. once wanted to be Sur. General.
So far as Messrs. Gazley, Norris, and McGee
were concerned, they bad no doubts ; nor did
this influence stop here, it went into ether coun
ty officers. For Mr. W bitted, he received his
portion for being an arduous friend of judge .
Deadv. Mr. Pyle received his for many reas
ons. "This Lane influence, if it had the power,
would not stop here.
WHRRK A RK WE TEXDPItl.
M arion Cocktt, May 10th, 1859.
Are we as a democratic party going to be
severed! - Must the new State of Oregon be
come abolitiouised, as nearly all the free States
are ? What are the indications ? It appears
to have been the fear of some that there would
be a man party, or men party, started in Ore
gon. A Lane party, a Williams party, a Smith
party, a Grover party, or some other party got
up to the detriment" of the democratic party,
w hich appears to be almost verified. At the
regular democratic convention," held at Salem,
Lansing Stout received a majority of all the
votes cast and so become the regular nominee
of tlie democratic party, for representative to
Congress ; but unfortunately for some of those
very ones w ho were afeared of a man party,
they missed getting Hon. L. F. Grover nominat
edand now talk about the unfairness of the
thing, and why? because some have not their
first choice, perhaps; and some talk of running
Grover any bow which, if we are not mistaken,
is an evidence that they do not know the mai
of whom they talk, or they would not talk
for most assuredly he is a man of too good judg
ment to allow himself to be used as a tool.
As for the Hon. L. F. Grover. I look upon
him as being one of our best statesmen, a dem
ocrat sound to tne core, a man luny competent
to represent a democratic constituency m the .
halls of Congress, and that too with honor to
himself and constituents. But he did not get
the nomination, and we do believe those men
who so feared a man party was the grand cause.
He only now comes down to be the more exalt
ed hereafter.
Some few talk of not going to the polls on the
day of election ; some others talk of bolting, and
voting for the republican candidate but are
such men democrats? No! Will a sound dem
ocrat vote for the republican candidate in pref
erence to the regular democratic, nominee, be
cause he has lost his first choice ? No. It is
easily predicted where all sound democrats will
go. " The day is fast approaching when all those
who rightlv belong to the abolition party, though
thev have been acting with the democratic party,
will be where they belong; so it is not surpris
ing to see how little it takes to cause some of
those democrats to become affronted, and go
with the abolition, or, in other words, the repub
lican party. The opposition to the democratic
party have gloried to see discord and confusion in
the ranks of the democracy ; and have done all
they could to agitate the same. There appears
to be some eoufusion or misunderstanding be
tween some democrats in regard to Gen. Lane.
We think all public servants should be held re
sponsible for their acts, by those who elevated
Ihem to the position which they occupy. But
does it look right to now occupy the same, or
nearly the same, position, in regard to Gen.
Iane, that the opposition did years ago ? If he
has been wrong so long a time, why have none,
but the opposition found it out until very late.
Have they been right all the time, and us wrong
until now, or have they been wrong all the time,
and us right until now ! - The great object of
the opposition is to cause confusion in the dem
ocratic ranks which it appears they have suc
ceeded in a small degree. But cannot all be
righted again, will not democrats rally once
more 1 We think thev will "united we stand. -divided
we fall." All must know union is
strength, and disunion weakness; we must work
together, shoulder to shoulder, as brothers, to
the wheel of democracy, and all is right. On
ward we will march to victory, as we have here
tofore, and elect a representative to Congress.
And by ail means let ua be so united as to give
a handsome majority for the regular democratic
candidate for President in 1860. Let all dem
ocrats, on the morning of the election, go to the
polls and, when you get there don't forget to
vote, put in your vote for the regular democratic
nominees the democratic ticket , always, for
A Democrat.
CP A San Francisco letter, describing the
fortnightly departure of the steamer, says :
"Then comes a great time, and the hugging and
kissing begin such awkward kissing too ran
dom shots, an outrageous waste of the good
things of this life. Sometimes a kiss bghta on
the nose, eye, ear, or is lost in a head of muss-ed-up
hah. A bonnet (stands no kind of a
chance it gets smashed on the first movement,
and by the time a woman has got through and .
been passed from hand to hand, or rather arms
to arms, of brothers, cousins, friends and ac
quaintances, she is a pitiable object, and pre
sents the appearance of having gone through
an Irish row red eyes, hair down, bonnet
mashed and knocked around on one side of the
head, shawl askew, and the general symmetry
of her figure destroyed by. pockets stuffed full
of donations from friends apples, cakes, gin
ger snaps, letters, a httle good brandy, maga
zines, novels, and a bottle of milk for the
baby." ; . ..
Rather 'Pkofaxe. A California corres
pondent describes the miners of that " Golden
n n nA, ui oil vr 4tbev dam the
m i UUl.i rav-fc- - M J
rivers when thev are low and damn them worse
when they are high."
Ey Sherman M. Booth, the original free soil
editor of Wisconsin, the successful register of
the fugitive slave law, and now charged with
the seduction of a young lady in his own family,
has given up his paper, the Milicavkie free
Democrat, and retired to private life.
- 4