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 !mflHfPr. - IPw.llB .