Oregon spectator., September 30, 1847, Image 1

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For the Oregon HpocUtor,
Mi. EaiTOR I doom it duo to myself, to L
trouble you with an ausworto tho iMt pro
luotion of our fellow citizen, G. W. liell.
I did not doom it necessary or propor to make
uny reply to I ho first communication publish
d by (hat gcntloman, m there was nothing
in it relating to myself,' except indeed an un
kind allusion to a "certain attorney," could
Iks so considered. If intended for (no, it was
undeserved; but the allusion would havf
passed unnoticed by me, had not Mr. B. in
his seasad stessssttMissssBBitUsissiisBBt&t
"blaleU
uur personal relations had always beeB 01
the most amicable character, and I had evor
I'titortained fpr Mr. Bell the most sincoro
respect. The duties of my profession, it is
truo, had thrown inc upon the opposite sido
in nomo civil suits, which that geutlcman had
with olhors : but I knew he was a gentle-
man of too good sense and liberality, to es
teem that a ground for ill feeling. I could
therefore only attributo his unmoritcd ex
prossions, to excitement, which had tempo,
rarily thrown hint off his guard. But from
whatever cause his unkind expressions may
have flown, my principles teach me to return
good for evil, and in answering Mr. B. 1
shall speak of him in those respectful terms,
duo to an honest and intelligent man. Mr.
It. has not mentioned my name iu either of
his communications, no doubt from a sense
-jilpfcia uio impropriety oi untaxing a more pri
vate individual bclore the public ; hut ho has
to shaicd ids productions, that, taken in con
iiexiou with tho published proceedings of the
meetings to which allumon is made, they
have left no doubt upon the public mind,
lliut I am tho individual intended. As this
is the construction placed upon his produc
tions, by tho community, and us thoHubjcct,
in itself, is worthy of consideration, I shall,
with your permission, give my views through
the medium of your paper, and when I shall
huve done ho, I am well satisfied that' Mr.
Hell will see that there is not so great a dif
ference in our opinions, as there might scorn
in be ; at least there will only exist that dif
ference of opinion, which might well exist
between gentlemen of honesty and intclli-
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In tho first place then, without casting the
sligKtcsTimputation upon Mr. Hell's candor,
I am constrained to say he has misunderstood
my true meaning, and has attributed tome
sentiments which I did not express norcn
tertain. Speaking of tho Orator of tho last
evening, Mr. Hell says, "Although hoad
inil.s this not to bo a general rule, yethays
he, casus frequently occur wlierofiDinmuni.
ties become so corrupt that the assumption of
this principle is necessary ; when thu pcoplo
ure justifiable in throwing aside tho law, and
taking justice into their own hands, and af-t'-r
citing a number of cases to prove this
position, Kuch as Mormons of Missouri, gam
blers uf Vicksburgh, horse thieves of Mis.
noun, counterfeiters of Missouri, Arc, lie
vays of tho caso then under consideration,
this is probably ouu of those cases where the
full assumption of this powor is necessary,"
and thence Mr. U. concludes that I paid but
a poor complimout to the virtue of this com.
munity. Now you, Mr. Editor, will reinem
her .hat the ground 1 took was, thut a few
corrupt persons in a community, under spe.
cial circumstances, iniuht be so situated,
that they could set at naught all principle of
justice, and tho law could not reach them,
nor a ford any remedy ; and the instances I
gave, as stated by Mr. Bell, show my mean
ing. I went into on argument to show, that
ivory reti'Unt community, 7nu.it, in the very
nature of things, bo honest, for the plain reu
.son, that all property was tho result of labor;
und that no considerable portion of any set
tled community could live by stealing, as tho
business would be ruined by too much com
petition, i expressed my unbounded confi
dence iii tho intogrity of our community,
and expressly said that I would, in all pub.
lie questions, submit to tho will of tho ma
jority. In relation to the caso which Mr.
Bell supposes was under consideration, I was
caroful to express no opinion. In reply to
ono of tho speakers, I disclaimed all refer
ence, to him or his caso. As far ns I was
concerned, I was only for discussing a gener
al prinoiplo, and not particular cases.
The essonco of the principal position of
Mr. Boll, as insisted upon in his last produc
tion is this, that thoro is no legal or just way,
of amending "tho present vnry cqttitablo and
just land law," as ho calls It, except in tho
ray pointed out by the Organic Law. Now
this I think is an error. That law provide
that "any person" In Oregon may hold 840
acrls of land by complying with certain con
ditions therein expressed. This gives every
man, woman and child, white, black, or red,
the right to a claim of 010 acres, without re
card to ago or sex. Now, if our community
nave not availed themselves of this law to its
full extent, it is only becauso they did not
consider it so "equitable and just," and were
restrained by an honest regard to tho great
principles of justice. Suppose that the" pco
plo of Oregon had taken up claims for them
selves and children, according to this law,
what would the ( Emigrants now coming in
have said ? They would have found all tho
country taken up, and they would have said
wo were the most selfish and corrupt com
munity on earth. Still it would, have, been
legal. Some few persona havo taken up
claims for their children under this law, as I
nm informed ; and suppose soon after the a
doption, the community had become convin
ced, that a largo number of persons would
avail themselves of its provisions, so as to in
flict upon our country an injury sufficient to
produce civil war. then must tho pcoplo of
necessity wait the slow process of amend
ment mentioned in tho law T The evil would
have arisen before the law could be amend
ed. This land law your readers will remem
ber is a part of the Organic Law, and only
amendable under the provisions of that law,
if Mr. Bell's position be correct.
Again, it is the opinion of many persons,
and may be so decided by our Courts, that
all persons who had made their claims be
fore tho existence of the present Land Law,
arm wno nmi ixunpuco, ia, ui nonesiy aaa
good faith, with all tho Land laws in force at
the time, so as to have acquired under these
law.s a full and 'erfect v:t'e s far as Ore
gon can give a title, must still record their
chums orrr again, and on tailuro to do so,
they arc liable to bis taken from them, or
to use our technical term, jumped by any
one. Now I do not say that this is the fair
construction of tho Land Law, nor do I pre
tend to intimate what the decisions of our
Courts may ho ; but I do say, in all candor,
that if this construction bo correct, then tho
law is n palpable violation of tho most sa
cred principles of justico and of civil liberty,
a.i understood and believed in every civilised
country in the world. Tho moment this is
determined to bo tho law. that moment at
leabt three fourths of the claims mado be
foro the present Land Law existed, and up
on which our citizens havo expended their
honest sweat and toil, may bo legally jump
ed ; and tho labor of years pass into tho
hands of others without money and without
price. Now in this case is there no remedy?
Mr. Bell would say amend your Land Law,
in the ordinary way. Beforo that could be
done, tho evil would havo occurred and your
government porhaps upset, or your people
engaged in civil war. 1 presume Mr. Bell
is a good friend to peace, and I know I dc
s'iro to bo, but wo differ in the mode of.atain
ing the sumo end. 1 maintain that tho prin
ciples of government laid down in tho Decla
ration of Indcpondonce, and tho principles
admitted by Mr. Bell, give the people power
over tho sub)eet and also over the mode. If
tho pcoplo havo the right to alter, change, or
abolish their govornmeut, they have, for tho
as I did not pretend to give'my otfeJatf as fofvThe
every iniog oeiore the meeting, eat saaiaiy
as to .the abstract right of the people to
change their laws. ,1 will say that should
such a ease occur as I have auBoeeed. aad
the danger was such at to demand store ex
peditious relief than oould be had ia the mode
pointed out by the Organic Law, I woald go
for a convention to be called immediately to
form a new Cooetitution. But at the eame
time I must say that the people have the
right waaymok thky may deem just, to a
mend tho law. No doubt they would so
frame their laws aa to give all a lair bearing,
before any man would be decided to be is the
wrong. I for one. would bo certain te so for
a fair hearing in the case supposed.
The very principle I am contending for
has been put in practice in Oregon; and the
very Land Law, called by Mr: Bell "very
equuaoie and just," originated in that way.
You will no doubt remember. Mr. Editor, that
the old Organic Law mado" no provision for
its amendment, but upon its ace was to be
perpetual ; at least until the United State
Laws should be extended over us. But per
haps Mr. Bell will say, that where there is
no mode of amendmont pointed out, then the
pcoplo may adopt any mode. This ia certain
ly true, butti is equally true, that where the
mode pointed out, amounts to no remedy at all,
imprecisely we tame as ir ware was none.
Every people surely have some efficient mode
of removing insupportable evils ; and of that
mode, and when ft is to bo exerefaed, they
must judge; although they may and often do
judge wrong. It ia an evil attached to falli
ble man, and belongs to tvery thing human.
w,u items tbat taoetriaeIlajr
Hezekiah
Shane to act fir
Meek gave m tfatsry
address, followed by
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LVffe?
Kilborn, Leveioy, and J. L. Mask. . JTV
un motion, Messrs, , H. Jobwetga, Meek aad
Welch, were appc4'SealWiieit
meeting. 4 4
On rHkertJsessetiaWsAMned toaieet
n Saturday evening the JNtin., when We
will look for all the t
give us a lift.
MirasfSff
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' ar 'bj HfcHiHs v2!t
i.-Y'-vi, vrmn.
C. W. Shuik, Sec'f.
J
mode, in which they will aocomtlish it. . It
is truo tne mode or amendment provided by
1110 urganto Law anouia do followed as a gen
eral rule, but if a caso should occur in which
the impending evil is not only groat in itself,
but would ovcrtako us beforo wo could obtain
any reliof in tho ordinary slow mode of n
mending tho Organio Law, then tho people
havo tho richt to adopt a moro speedy mode
of amendment, anaof all these questions they
are tne competent juages. Anu wnon 1 say
they havo tho right, I mean tho legal right,
not that a fow can mako such amondment,
but a majority of tho whole rcoplo. Now
down does not load to what might be termed
"mob law." A mob, as I understand it, is
the assemblage of a few persons at a particu
lar point, and not the action of a majority of
me wnoie, community. A3 a general role
mobs cannot be tolerated in any community.
But it is hard to lay down a general rule with
out a pdtsible exception. There may exist
cases of such a peculiar character, Jhat there
is absolutely no remedy at all, except force.
I will put a case. The road that leads from
St. Louis to Liberty in Missouri, paeses
through some poor, sterile counties, susccpti
ble ofsustaininjr but a small DODulation
The road, from the geographical situation of
me country, must pass that way. Now sup
pose an expert robber, connected with a large
band, should take possession of one of those
counties with his allies, se as to elect the
sheriff ana all the justices of the peace. Sup
pose theso men then should rob every travel
ler that passed that way. You could not
punish them acording to law. It is a funda
mental principlo of law, that a criminal mjfst
be tried and convicted in the county where
the offence was committed, unless he obtains
a change of venue. The State cannot tako
a change of venue. Now if such men. in
such a situation, had nothing to fear but the
law, Ifcniess I cannot seo any possible way
totoorrKt the evil, unless some other means
were resorted to. If any legal means could
be suggested by any one, I would always pre
fer suoh. I believe Mr. Editor, that all hu
man institutions are tswerfeci. and as such.
that there mas exist, in some verv neeuliar
oases, an insupportable evil, that the law can
not reach.
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ielf same roasWi, tho powor to choose the! (concur with he rncetfVin-thWTonolu-IW
awn. to wntch it cams. 1 wasnot at the fLttyt''m'riwl.'mmt ?w .
mooting. 1 understood the general object of
imMnooung 10 ne, to call tho attention of the
people before Tiand to a' stato of things that
woll satisfied, that unless a Macatta mm
dv could bo had tliero would be a resort to vi
olenoe, and that men would not submit to see
themselves injured to so great extent,
without resistance.
tills of tho contracts for the asail sVoaatessv.
m o . -, r . . -. '..2m. tWSW t
I HK ill AIL OTKUOUI. -I'M -WJ
correspondent of theNew YorijTHei
m&
would perhaps happen. For one. 112
it necessary to tho nreaervat inn of . ih.il !!!..: ".LYSrTr'W Vi110
, 1 , . r. r
ouiiie peaoeauio remoay should be suggested
and followed out, in thoovont that suoh a state
of things should occur. I was, and am yet
frovernment mail staainsn for Ltsfirnnnl
It is understood that thVaaontary'of to
navy will raquire.theteaeh.of tjwsteamcas
of thd Liverpool line1 shall be coflmandei
an officer of the navy, not 'uijder trgrade
of a lieutenant, otherwise he assumes that the
Jour midshipmen set Apart' M'watoh qWotts
in the bill to each ship, will be mrr&.
lated to oxcito insubordination and mischief
.v .f- i i :
,
x -rw
Urn Mr. J L.
wry appropriate
remarks wr eev
.rslMhergemlim., t, ',J ,
xne tksoss oneraa 10 u nwMKtn ini.
loweu oy so ssgni
UnmotioB.
appointed to draft a
According to prsvieus notiee, theseceod
mceUng of the WjnnerauiirTrasuacB
Societt was held ia the City Hotel oft Attar,
day evening, September 18. Tht iistisr
was organized by calliag Wn ILjssra
to the chair. ' " " ' -Jl l
The committee reaorted a.eonetiyatiop,
which was adopted. -
The following ofteers, fbr lkesskiikyart
woi-j uiuwf, vsk; s. 1m await 1
K. Hobb, vieewnriimt: CIW.I
mrj, w m. m.. avKsera, am
ARerwaJoa.Mr.J.L.
Roberts, Cant GsJawa and: Jt
addressed the mncitiaa The 3
read a coammdeaAiosrxVaBi
ata relative Met
vocacy of the lemneraace cai
- " . - - '-J- 1 A T . ,.
un motion, Messrs. j. J-Heek, Hnera
and Roberts, were appointed a essssaitlee of
vigilance. .
On motion, the ladies of this bh j w.
cinity were invited to Wen the aleeW sad an.
operate wjth us.
On motion, the secretary be requested to
invite the adjoining cousUes to form satieties
in co-operation with this society.' , - J t
On motion, Messrs. Thornton, MoLaagUia,
and Abernethy, were anoated a coefifttee
tonrovide a regular plaae of. meeting, aid
obtain funds for the purpose of deiraylaWk.
penscs. . s ATj'
On motion, the secretary was regnsetej i
furnish a.CODV of th nnvmJM.inf ttt
mooting for publication mtl Owaasfcfaee.
tator. ""fS",
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' d """ iuowuiig ajourneo, so i
ut. uaiuniajr ercoing, uetooer v. ,
x WM. RriTILIlORKr. rU.
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'WAt bTEAKEts. A letter fro
ton states thatftho seon4srv of
pointed and called tocetbsr a Nurrl
tho subject of .the war and mail aUatpasaa.
inonzea uy tne taie congress. Aae boaraea.
mma ui commoaores Morns, wITHT(nttfttli asp
Smith constructors Grioa. Hartt,aad Ie.
thall and engineers Cp4nd aad Hws);
under tho genoral direcuon cf the secretary
liimself. , ' . .
The object of this hoard it, first, to eaMe
upon. the plan of coaatructianef taefawwaf
steamers to he built at the botbmhbsbi smsiIs.
their fsjodebj, weight sfasskl, form aad ea-
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