w
i
MEMAli
of the OoTtnwr f Ortf ei Territory.
December, 1840.
To THR HONORABLE THE LEGISLATIVE As.
HKMULY OP OUKOOM.
Tlio duty or addressing you nt tlio open
iiitf of your session onco more presents it
self. Tho duty of legislating for tho wol.
faro and happiness or tlio community, again
do vol veil on you. May wo be guided and
directed liy that Wisdom that nover cm.
Tho boundary question a question of
great importance to us as a people, there in
every reason to believe, is finally settled.
The following is an extract from tlio ' Poly,
nesian,' a paper published at the Sandwich
Islands, of the liOth August last:
" The Sctmto ratified the Treaty upon the
Oregon question, by a vote of 41 to 14 'il
majority."
This the ' Polynesian credits to the 'New
York Ga.ette and Times,' of June lutn
showing that a treaty had been entered into
and probably concluded between the two gov
ernments. The provisions of the treaty ate not
yet known to us in Oregon, further than what
we gather from tho letter of Sir George
Seymour, tho British Commander in Chief
in the Pacific, to tho agent of the Hudson's
Hay Company at tho Sandwich Islands
ucmg an
'Kxtract of a private letter from A. Fork's,
Ksq., Consul at Tcpic, to Sir Gee. Seymour.
' " I send you an American newspuper,
which .Mr. Hankhead has requested to bo
forwarded to you, and which shows that the
Oregon question is entirely settled the 10th
degree is to run on to tho Straits of Fuco,
the whole Island of Vancouver being left in
possession of Kngland, and the said Straits
ftf Fuca, Puget'h Sound, e., remaining
free to both parties. The Columbia Hiver
js also to Iks free to both parties until the ex.
pi rat ion of the Charter of the Hudson's Hav
Company when tho whole to the south of
the 4Uth degree is to belong to America,
with the exceptions mentioned." '
Should this information prove correct, wr
may shortly expect officers from tho United
States' Government to take formal posses,
sion of Oregon, and extend over us the pro.
tection wo have long and anxiously looked
Tor.
The notico that tho joint occupation of
T)regon would cease after twelve months,
was given by the President of tho United
States to tho government of Great Iiritain.
Tho president in his Message of 1 8 15,
before the notico was given, speaking of
Oregon, says, " U will become proper for
Congress to detcrmino what legislation they
can in the. mean time adopt, without viola,
ting tho convention. Beyond all question,
the protection of our laws, and our jurisdic
tion, civil and criminal, ought to be imine.
diately extended over o ir citizens in Ore.
gon." As yet we have not been mado ac
quaintid with any action of Congress that
would extend tho jurisdiction of tho United
States over us: but from tho feeling that
prevailed in Congress with regard to this
country, and tho sentiment set forth by tho
President, previously to tho notico having
been given, thoro can bo no doubt but that
now the notice having been given tho
boundary lino in all probability finally set
tied, wn shall in a few months at farthest,
bo again living undor, and enjoving the pro.
tection of the stripes and stars 'of our lovod
country, and ere long wo may reasonably
hope be added to the brilliant constellation.
In view of the above, and as tho prcam.
Wo to our Organic Law sets forth tho fact,
thai we agree to adopt tho laws and rcgula
tions of our provisional government, until
such time as tho United States of Amorica
extend their jurisdiction over us," and as
that timn pmbubly is near at hand, it re
mains with you to dotormlno whether it will
bo hotter, afior confirming tho appointmonts,
filling vacanoios, making tho necessary ap.
propnations and attending to tho unavoida.
bio business of tho session, to adjourn, either
to meet in tho Spring, at which time wo will
undoubtedly have all tho proceedings of
Congress relative to this country, passed nt
tho last session, or at tho call of tho Exccu.
tivo, should ho be put in possession of tho
intention of tho U.S. Government rospcoting
us, or whether you will goon with the regular
business of tho session as if nothing was done
for us, or oxpocted by u In trie latter
caso, thore are laws that ngod revising, and
some laws that am vory nooessary for the
Oregon Spectator.
"Westward Ua Star of Erapira talus Its way."
VoL I. OrtfonOity,(Ortt Tor.) Tkundty, ItoemWr 10,1146. Ho. 03.
welfare of the Territory should bo passed.
The law establishing the Pott Office De
partment needs adoring very materially.
It was found after being in operation but a
short time, that the rates of postage wero
altogether too high, amounting indeed, to a
prohibition ; the revenuo arose almost en
tirclysfrorn tho postage on newspapers, but
fell so tar-short of tho expenses, that the Post
Master General, at the close of the third
quarter, stopped sending the mail. 1 would re
commend that the rates of pottage be reduced
to five cents on each letter ; double letters and
packages in proportion, and one cent on each
newspaper. A mail route should be kept up
between tho principal sections of our Terri
tory, and I have no doubt, if the postage is
reduced, tho revenue arising from the re-
ceipts of the office, would very nearly or
quite pay the expenses.
The act passed at the last session of the
Legislature, entitled " An act to prevent tho
introduction, sale and distillation of ardent
f-pirits in Oregon,", is ono I should re.
comment for revision; there arc several
joints in which it is thought to bo defective.
J'hc Organic Law provides that the Legis
lature shall have power to " pass laws to reg
ulate the introduction, manufacture or sale
of anient spirits." It is held that the power
to prohibit the introduction, manufacture or
sale is not granted by tho Organic Law.
Another objection is, that the fine collected
under this Act, shall go one half to tho infor
mant and witnesses, the other half to the
officers pgaged in arresting and trying in
fact, making the witnesses and Judges in
terested in the case. The 4th section of the
Act nakes it the duty of any officer or any
private citizen to act, whenever it shall come
to their knowledge that any kind of spirit,
ous liquors arc being distilled, or manufac
tured in Oregon. It would be much better
if it wero mado tho duty of the sheriff of
each county to act whenever ho should be
informed that liquor was being made or sold
in his county, and authorize him to raise a
sufficient posse to aid and assist him in en.
forcing tho law. We have as a community
taken a high stand in the cause of temper
ancc: among our earliest efforts may be
found the abolishing of ardont spirits from
our land ; and to this in a great measure,
may be attributed our peace and prosperity.
No new country can be pointed out where
so much harmony prevailed in its first set.
tlement, as in this. Laws wo had none;
yet all things went on quietly and prosper,
ously. I have no doubt if ardent spirits is
kept within its proper limits, wo shall con
tinuo to prosper. It is said by aomo that wo
have no right to say what a man shall make,
or what he shall not make. Yet we find in
all largo cities,, that certain manufactories
aro forbidden to be carried on withjn the
limits of the city, because they annoy tho
inhabitants, and honce are declared to be
public nuisances, and by law are compelled
to be removed ;' and if tho city increases and
oxtcndii to tho place where they relocated,
they aro removed again. Intoxicating drink
is an enormous public injury and private
wrong ; its effects in every way, shape and
form, are ovil, and therefore should be re
strained within proper limits by law. It do
prives the wife 'and children of tho inebri
ate of the support and protection they have
a right to expect from him. It deprives, the
community of the labor which consutca
the nation' wealth ; for it is a well known
fact, that the wealth of nations if made up
of individual labor, and every day therefore
lost by the laborer, caused by the effects of
alooholio drink, is a loss to, the community
at large. Persons who had become haUtu.
ally addicted to 4he use of ardent spirits,
hearing that we had' excluded the poison
from our land, 3 and Jbalitvlu 'thoy, ayejr
would get free if t they, remained near ks in.
fluouce, have left their, horns anil crossed
the Rooky mountain to eecabo the ruin that
threatened therq. Shall thoyU disappoint
ed? During tl.e past year, persons taking
advantage of tho defect in our law, have
manufactured and sold ardent spirits. We
have seen tho effects, (although the manu
facture was on a small scale,) in the mid.
night carousals among the Indian in our
neighborhood during their fishing season,
and while thoy had property to dispose of;
and let me ask, what would be the conse.
quenccs, if the use of it should be general
in the country and among fhe different tribes
of Indians in the Territory. History may
hereafter, write the page in letters of blood
and what are the consequences as presented
to us in the history of older countries, of an
indiscriminate use of ardent spirits ? Alms
houses, hospitals, prisons and the gallows.
I would therefore recommend that one person,
and that person a physician, be appointed
and authorized to import or manufacture-a
sufficient quantity to supply the wants of the
community, for medicinal purposes; todis
pose of no liquor except when he Icnow-s it is
necessary, or on an order from a regular phy.
sician, stating that the person applying stands
in need of it for medicinal purposes ; and
to physicians to be used in their practice.
The person so empowered to import, manu
facture and sell, to keep a record of the
quantity manufactured or imported. Also,
a record of the quantity sold or disposed of,
and to whom, and the name of the physician
on whoso certificate given. This would be
attended with but little trouble, and might be
required to be given under oath. Many ar
ticles require alcohol to dissolve them this
could be done by taking the article to the per.
'son appointed, and having the alcohol put on
the ingredient in his presence. Section 5th
of the law, I would recommend to be altered
SO that the fines and ruanaltiM alioll n nn
" . ww g-v-a ... aew WUG
half to the informer, and the other half into
the treasury. I would recommend that the
penalties for manufacturing be increased.
If the indiscriminate sale of liquor be ad.
mitted as an evil, no good citizen can wish
to be engaged in it. Why should the major,
ity suffer, to benefit a few individuals. I have
said more on this subject than I should have
done, did I not fear an attempt would be
made to break down the barrier raised by the
early settlers of this land. Much of our
prosperity and happiness as a community
depends on your action in this matter.
There will be several proposals laid before
you in regard to locating the Seat of Gov.
ornment, but -under the present aspect of af
fairs I think it best to postpone the subject
for the present.
A subject of great importance to us as a
people, presents itself in our commercial reg
ulations ; that this will bo a commercial na
tion there can be no doubt in the mind of
any person, acquainted with our location?
it therefore is our duty to commence prepar
ing the way for shipping to enter our har
bora. The first requisite for the mouth .of
the Columbia river, is a good pilot or pilots.
Many ships employed in tho whale fishery
would no doubt enter our river and remain
with us during tho winter, if they were sure
of obtaining a good pilot to bring them in
safely over tho oar, and conduct them out.
when ready for sea. Vessels can, without
dobt, enter and depart from 'the mouth, of
tho Columbia river, with as much safety as
thoy can tho majority of sea porta in the
United States ; it needs only a careful pilot;
well acquainted with K the currents, land
marks, "and shoals, to make it perfectly safe
for vessels 'to enter our port. I therefore
recommend, that abranch. be established, at
the mouth of the Columbia rivar, and that a
board of commissioners be appointed, whose
dtitv it anall tvt tn Mtamlna all nArsona nnnlv.
iJ!v ii - -i i. .!-. . i .t..X.vi'
pabpjty ao.to act. Connected with this, is
themsaha to prevent seamen tnta deserting;
by them, until their vessels" leave, we oan
never hope.tojpecwrTortqiSntednby
.vessels for the yiitMse af-jiitlliis and ob
taining supplies, my thertdkM recom
mend that t.krrfkf belied on
ny person whosfeaUcntlos a seaman to
leave his ship, owbo seallv tpirbor, secrete,
employ, or in any wise' assist a deserter,
This mmy(apaear sever; hot when osj rale.'
tion wcoasfecr that thWmen voluntarily
entered into contract to perform certain
duiies, and t&at the safety of the vesseTiney
belong to, and tho lives and' property.' oa
board, depend oa their faithfully fuelling
their contracts, the severity Vanishes at once.
We should consider, that a vessel' lightly
manned, which must be the case, if part, of
tho ships crew desert, as there are no sea
men here to supply their places, Tuna a great
risk in working out of our harbor; s risk
that ship masters and ship owners will 'not
ho likf.lv In run. fTnlMa ..'.1r.. '
bo mado that will prevent assertion, vassal
win avoid our pons, ana WHnoat .vessels, thai
nroducA of thn farrrwrmtit r uli hta
hand, and In this way work an iaiurV all
-Aiiml nn A im.. L-I --.fit t 11 t. tt - ' -
iuuiiu, anu uuu iiuii. win uo ion uy u OIBSSM
in the community. , '
Ciur Court, a at itrMHtnt ramnilafjul- kM.
.-j ... f "' " "J fSBBSW'
not answered the expectations or Um fraawra,
of the law. but tut trwt itiriarlfotiAa nt- tmr
courts will noon cease, it will probably1 lot
oe wonn wnue to enter into any new ar
rangement. . -iff-I
regret being compelled to tefbrm fwm'
that the jail erected in-Orcgoa Cky; and tfaer
DroDCrtv of the Territnrv. wu iWmni kv
fire, ori the night of the 18th of August last '
uiu num. Uu wuui ui bu uuxaaimryi a re
ward of j 100. wan imnuxUBtnlv nHaml Ii..'
as yef tiio offender has not been discovered.'
Klinllti) vnn :,intr .' (.net ..... '..,L-- 1-tl''
I would suirfffvt the nmnruttv nf 'ttiitfriina- tt
of largo stones clamped together.' We'hate
uui mnu ue iur jan, maa a ;amaii 'mmimtmg
will answer all purposes for 'many yaaraVI'
have no doubt, it we should be successful in
keeping ardent spirits out of. the Territory.
There is one subject, which I wouM lay
before you, in reference to the Indian pop;)
lation, and that is the extent the law intirnaa
to allow tliem in their villages. Coopkiala
are made by Indians, that they sjweacnaafe
ed on by the whites. Cannot aoaae way be dev
vised, by which their villaces can be aunr-v.
ed7 and stakes set, inside of which bouBdary
the white man may not bo permitted to as
ter and build ? The Indiana inhabited thaa
villages previous to our arrival, and should.
ij pruieuieu vy us. .1 ne time no aoubt, is
near at htnd. when thn Amn( nf K ITm'.l
States Government will be here,- aad'Otbete'
matters win be arranged by him, but mmi
he arrives. I deem it nmnnaanr that '
provision bo made by you, as it may save7 '
irouDio and difficulty. -
Another emigration has crossed the Rockr
Mountains, and most of the party has arrived,
in the settlements. About one hundred and.
fifty-two wacffons reached this nlaoe varw
early in the season, via. Mr. Barlow's road,1
tor which a oharter was granted him at' your
last session. About one hundred waggons
are on their way, if they have not already
arrived in the upper settlements, by a south
em route, tliev havn no doubt Lnnn AntminnA
by travelling a new route, the difficulties at.
loiiumg mo upeniruz a waggon road are very
g....... uu ("uuhuit win wwum in some
measure, tor ineir aeiention. l ne emtgrsv
tion falls fur short of last years, probably not
numberine over one thousand unnU. Tkt.
is accounted for by a great Prt of the ami.
gration turning off to California, we trust
tliat llinuA tiffin llA MMn. S-. '.-. ' .iV .''
...... ...iotu "iw ""it wuiiio in uiuasr us, may
have no cause to regret the decUion that
brought them to Oregon. ;u"
I would call your attention to the subject
of education ;" without education no country
cau ue prosperous, 11 inerenre .beoomat the
duty of the legislature to, provide .liberally
for the .education of the riaiwf generatien. "
I am happy to say, that' U past year has
amply repaid the tiller's M wlr .birv'sat
has boon, abundant, and, t?ieVfoh fttTgaS'
ering in the orop waa sky, Mabliaftae fa
mer to seisure the reward of his laWilH
from injury. iKmh . .el.Jtaj.n-
During tho past season, w9,haVa ' joyal
throughout ovir Tenitory, k bUiMm.;mf
healths TIum KlnM mA'ZZiZZILu
for our gratitude; may we ever feeToWrW
PdRoojjtheDivine Beln , throage when
IsVA VWAamJaSA.'wlakB& ! mi m.... t .'
WTiiP fcr
thfl ImiMiirlaiii'riiitUr & ;
T. c X
Oregon City, Peoember, IfMt
MU UimWBffB Hm
iiit7(rJ3ir TOnnwrT"
prpTivwmf
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