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"TcTAL PAPER FOR CLACKAMAS COUNTY.
Oregon City, Oregon ,
Friday
Jan. 5, 1872
"Dead Farty" and Passivism.
Our Radical exchanges are coming to
ns constantly filled with insinuations and
assertions that the Democratic party of
the United States is dead ; that it is with
out a platform ; that it has been left like
a ship without a helm, to idly rock upon
'the sea ot politics, and soon to sink be
neath the mighty rolling tide of so-called
.Passivism," on which, they claim, some
of the leading Democratic papers of the
country have already been launched.
Tables of the probable electoral vote
have been made up, and published to
show the utter hopelessness of the Demo
cratic cause. Some papers have even
gone so far as to name the party which
we must form, and to assert that a longer
attachment to. or defence of the old pun-1
clples of the Democracy of this Govern
ment, i3 idle, puerile, and criminal. lint,
let us for a moment analyze the ponder
ous corpse. By a reference to the figures,
it will be ascertained that the States which
cast Democratic majorities at the Con
gressional election of 1870, will have in
the next electoral college one mire vote
than those which cast Radical majorities.
But this is not all. The public is well
aware that "until recently, many Demo
crats were disfranchised in the Southern
Stales, by constitutional provision therein,
which, in some instances, have been re
pealed, and the number of these instances
will probably increase ere another vote is
taken. Thus, it would appear, that the
prospects for a Democratic victory were
never better for the past twelve years
. than at the present time. Put cow comes
the most important feature. To ensuie a
Democratic victory. Democrats must be
put forth as candidates. The people of
this nation ; the earnest, responsible, toil
ing millions, have too long suffered under
the galling yoke of onerous and oppres
sive burdens to accept any candidate who
has been a party to the infliction of their
wrongs, fie must reflect the sentiments,
and hold steadfastly tUe principles which
have ever characterized the Democracy,
and under which our Government was so
successfully carried on for an uninterrupt
ed period of sixty years. Those princi
ples of free government, free trade, light
taxation and constitutional obedience,
which have so often borne it in triumph
through campaign after campaing, must
be the rallying cry of the Old Guard.
And now we come to that refreshing con
ception of mischief-workers," Passivism.'
"What does it mean? It means that the
Democratic party which cast a popular
vote of hundreds of thousands more than
Mr. Lincoln received, at his first election,
and would have repeated the same thing
for Mr. Grant, had not the South been dis
franchised, and the ballot thrust into the
hands of the ignorant, degraded blacks
must surrender its long-cherished and no
bly defended principles; bow its head
before the shrine of Radicalism, and let
that gorgon, which has already deluged
the country in fratricidal blood, desolated
the fairest portion of our domain, out
raged and murdered our sisters and broth
ers, reduced to poverty, by excessive tax
ation, every industry in the. land, commit
ted every deed known to the calender of
crime, stalk on, with desolating sword in
hand, without raising a single voice in op
position to its monstrous principles. It
means to make no nomination in the next
canvass, but sit down, quietly fold our
hands, and see the last vestige of consti
tutional liberty torn from our grasp ; to
see this confederation of once noble and
independent States converted into a mili
tary despotism, and plunged into hopeless
anarchy by the ruthless hand of Radical
ism. This policy had i!s origin, doubtless,
in the brain of some designing Radical,
and. we regret to say, has found a few so
called Democratic supporters. Rut the
Democracy w ant none of it. It spurned
the false dogma of '"New Departure," and
it will shun this, as it would a leper. The
Radical party, seeing the hopelessness of
their cause, after having resorted to every
measure to insure success, now hope to
see the Democracy seize the poisoned bait
of "Passivism,7' to which a lew fossil-remains
of once howling Radicals most ten
aciously cling. Rut they hope in vain.
The cardinal principles of that old parly
can never die. Though corruption, ven
ality and treachery may to some extent
mar the exterior of the structure, the
foundation is laid upon the corner stone
of this Government, and it will stand an
honor to America as long as history re
mains. When we yield the last principle
ior which we contend, the sun of liberty
will have set, and the night of anarchy
have begun. Tho Democracy will not
yield. They will tight what they believe
to be wrong in an open and honest way,
and if defeated, have the honor of the
Spartan band at Thermnpyhe ; it will rot
lay its neck upon the block without one
effort to break the chains. Let theie be
nominated staunch, unflinching, unterri
tied Democrats ; let all Democrats go to
the polls and vote for them, in one solid
phalanx, and w hen the battle is over the
tield will assuredly be ours.
Imvoktaxt. We ask our patrons to
read the correspondence between Gov.
Grover and the Secretary of the Interior,
ia relation to the swamp and overflowed
lands belonging to Oregon. The Gover
nor's argument in behalf of the State is
unanswerable. The indications are that
the prompt action of the Executive may
yet secure these lands to the State, not
withstanding the opposition of the Radi
cal press. The organs of the Radical par
ty work hard to hide the neglect and
misconduct of their partisans. It is no
use. The record of their shortcoming is
fast being made up and the Radicals will
have the full benefit of it during the pres
ent year.
"Measuring oukCokx with their Half
Rusuei- Whenever yon find men ready
to charge unworthy or selfish motives on
others, it is generally safe to conclude
that they are -measuring other people's
toiu virh tleir half bui-hel.''
The Storm in California-
For the past three weeks telegraphic
communication with California has been
almost entirely cut otT, and transmission
of mails between that State and ours ma
terially retarded, and in a great degree
prevented, by the heavy storms which
have been raging in the northern portion
of that State. We glean a few items o!
the storm from the latest exchanges at
band. The Sacramento Record, of Dec. 20,
says the storm has had disastrous effects
upon the interests ot the railroad people,
and materially discommoded and injured
the traveling public. Railroad communi
cation is wholly, and telegraphic commu
nication partially, suspended between Sac
ramento and Vallejo. All along the
line from Dixon to Sacramento Ihe people
were swimming thir cattle, sheep, and
hogs to places of safety, and getting their
household goods above the reach of the
swelling flood. The town of Davisville
had. on the morning of the 10th, the ap
pearance of having been built in the midst
of a lake. The evidences of damage are
said to be many in the vicinage of Sacra
mento. Graded and improved streets are
badly cut up by the floods; trees and
fences have been swept away: in many in
stances houses were unroofed, and the oc
cupats exposed to the mercy of the driv
ing rain. The knees, however, were still
intact, and likely to remain so.
The S. F. Chronicle, of" December 21st,
has news from Stockton that all the streets
in the lower part of that city were under
water, and that goods stoied in cellars had
been considerably damaged. The waters
were still rising. The Court House was
complelely surrounded by the watery ele
ment, and steps were being taken to drain
it off. The country between Stockton aud
Modesto was almost completely under
water, aud trains were unable to reach the
latter place in consequence of large por
tions of the trestle-work having been
swept away. Communication between
Stockton and San Francisco had ceased, a
heavy land-slide having occurred on the
railroad in Alameda Canyon, which, it
was thought, would require a week to re
move. More rain was expected. The to
tal rain-full, from the 17 th to the 20th was
over five and a half inches.
Strange as it may appear to us, living
in a land where drouth is unknown, not
withstanding all this destruction of prop
erty, the interruption of communication,
and the stagnation of business, the farmers
of California were jubilant over the pros
pects of a fine crop, and while the flood
was partially submerging their cities, the
people were shouting welcome to the
Storm-King, as a deliverer from a more
desolating and damaging element that of
parched and arid fields with the gaunt
spectre of famine stalking in its train.
Arroivr.MK.xr.s. Dy reference to late
news published in this issue, it will be
seen that Superintendent Meacbam has
been removed and T. B. Odeneal, of Cor
vallis, has been appointed to the position.
And. also, that L. S. Dyar, recently np
pointed Agent for Grande Ronde, has had
his head taken off, and Sinnott. of Port
land has been appointed to his place. We
ask our Republican friends how they like
this? Two life-long Republicans are here
removed for no apparent cause, to make
room for two renegade Democrats. Thos.
15. Odeneal never voted a Republican
ticket in hi3 lite until 1SG1, and was As
sistant Secretary of the Democratic Con
vention cf 1SG2, and only left the party
in 'Ci because the Democracy refused to
longer give him cfiice. This man Sinnott
has always been a Democrat until the last
election, when ho was employed by Wil
liams it Co. to import voters into Yam
hill county.and gained considerable no
toriety for the bungling manner he did
the dirty work assigned him. These are
the men who are rewarded, aud honest
and life-long Republicans must give way
for them. We shall recur to this subject
again.'
Death ov Captain William Kelly.
From a telegram received at the Military
Headquarters, Portland, we learn that
Captain William Kelly, of the Eighth U.
S. Cavalry, died at Denver. Colorado, on
the 29ih ult. Capt. K. was formerly sta
tioned at Vancouver, W.T., but some lime
since was ordered to Arizona, and thence
to New Mexico. I lis last station was Fort
Selden. He had been afflicted for some
time past with chronic diarrhea, and with
the hope of improving his health, had ob
tained a " sick leave of absence, ;: and was
on his way to visit his family, who reside
with J. D. Tales, in Portland, whose wife
is eldest daughter of deceased. Another
daughter also resides in this city. He was
about fifty-three years of age, a brave offi
cer, and had rendered valuable and enT
cient service In the Indian troubles in
Arizona. II is remains will be brought to
Portland, by the Oriflimme. and interred
at Vancouver, where the family homestead
is situated.
New Decision. Judge Upton. Circuit
Judge of this district, has recently made
it known that he will not grant any future
prayers of divorce unless the testimony of
outside parties is produced to show the
existence of some valid ca;se for a disso
lution of the solemn vows of marriage. He
says the practice of asking divorces, and
having them granted, for some trifling im
agined incongruity, or upon the testimony
of relatives alone, is getting entirely ton
frequent in our midst. Ia this sentiment
we most heartily concur, and are confi
dent that every right-minded man and
woman iu this Slate will do the same. The
pernicious doctrines promulgated by Miss
Susan I. Anthony, and her ilk. have pos
sibly borne their share of influence in caus
ing so many prayers for divorce, and the
sooner those who have been blinded by
such vagal ies are brought to their sober
senses, the better it will be for society.
The Herald says Senator Kelly has iu
troduced a resolution to extend ihe time
of selection of all swamp lands surveyed
previous to 1S60, so that the rights of Ore
gon in those lands may not have been lost
by the lapse of lime.
Arrest of Samuel E. May. 1 he Hrcld
has news of ihe arrest of Samuel E. May.
late Secretary of Oregon, and that Mr.
Foudray, in company with that gentleman,
will shortl v arrive.
A Fatal Hunt.
From onr Portland exchanges we learn
that a yonng man by the name of Ilenrv
Ramage,well known and respected in Yam
hill county, was frozen to death while on a
hunting tou on last Christmas Dav. The
particulars are as follows : On the 24th
ult., Richard Kelley and Henry Ramace
went out hunting, believing that the snow
which had fallen the previous night would
enable them to track deer, and therefore
aid in the success of the hunt. After -ot-ting
into the woods the men separated,
going in different directions, but areein"
to meet at a certain place. Kelley reached
the rendezvous first, and finding it verv
cold, continued on home. After a while,
becoming anxious about the absence of
his friend, he started out in search of hinv
but returned after an unsuccessful search
of several hours. He then gave ihe alarm,
as the weather was intensely cold, and
fears were entertained that young Damage
had become lost or injured. A party kept
up the search until about noon on Christ
mas, when they found his trail, and fol
lowed it until they came up to him. He
was unable to speak, however, and was
frozen almost stiff. His friends then very
injudiciously built a large lire, and thawed
out the unfortunate man. who regained
his speech, and narrated all that had taken
place after the separation. His friends
then prepared a litter, placed him on it,
and started for his home ; but he died be
fore they reached it. His parents knew
nothing of the sad fate of their son until
his corpse was carried to their door, and
their poignant grief can be better imag
ined than described.
Skvere Storm. We learn from the
Walla Walla Statesman, of last Saturday,
that during that week the most severe
weather known for years had been expe
rienced east of the mouneains. Some 500
head of cattle and 1,100 head of sheep
were reported dead, not from any lack of
feed, but from exposure to the chilling
blasts, the farmers in that section not be
ing prepared to shelter their herds and
flocks, when they require it. The greatest
loss was in Umatilla count', where, it is
asserted. 900 head ot sheep perished. Had
the cold weather continued but a few days
longer, we are told the destruction of
stock would have been immense. It is
certainly high time for our larmers to have
learned that, while as a rule, our Oregon
climate is - childlike and bland' and our
winters usually weep themselves away in
" dewy tears." yet, now and then, old Do
rcas sweeps down upon and locks us in
his icy fetters, and therefore they should
be prepared for the vzorst.
A Remaukarle Cow. At a meeting of
the Western New York Dairymen's Asso
ciation, the following facts were readTin
regard to a cow owned by a gentleman in
Erie county: She is a graded Ayrshire.
and gave, when four years old (1ST9).
during the year, 9.211 pounds of milk.
The next year she gave 9,050 pounds of
milk; and during Ki3 days of this present
year, had given 7,011 pounds of milk, or
an average of forty-three pounds per day,
from which has been made fourteen
pounds of butter per week, or three hun
dred and thirty-two pounds in twenty
three weeks. The cow has been fed this
season upon four quarts of wheat bran,
mixed in her own milk, each da)', and has
run in a good pasture on a creek bottom.
Previous to this year, she has had only an
abundance of good pasture, and drank
her own milk, after skimming. This is a
remarkable record, but is authentically
endorsed. At the same rate, her milk in
1S70 (9.G50 pounds) would make 42iS
pounds of butter, or 0G5 pounds of cheese.
"Well Saio. In reply to some advice
given last week, in the female organ of
our big sister-on-Wallamet. for the young
ladies to disregard young gentlemen who
use tobacco, the Herald reporter gets off
the following good logic : Now. suppose
young men would have nothing to do with
damsels who wear bustles, palpitators, cor
sets, false bosoms, false calves, the hair of
some outraged corpse, and rats and mice,
what, in thunder would become of the
world ? Why, modern society would re
solve itself into Shaker organizations, and
love, poetry, romance, chivalry, heroic
deeds, and woman's rights newspapers
would be hlotted from the earth. It is not
just to make a man give up his pipe, when
a woman can keep her corset and palpita
tor, which are far more detrimental than
indulging in the weed. Pity poor man
kind, fair sister, and whip him only ac
cording to his deserts.
Man Frozen. The Wail a Walla States
man says a man named Wm. R. Fish came
to his death near that town, one night last
week, by freezing. He drove his team
home late iu the evening, and when get
ting out of his wagon to open a gate,
one of his mules kicked him, knocking
him down. He lay there all night, and
when discovered in the morning, was in
sensible, and died in a few moments after
being found. Parties in the neighborhood
say they heard cries during the night, but
were unable to discover from whence they
came. The wife of the unfortunate man
was in ihe house, a few rods, distant, but,
being quite deaf, she failed to bear the
cries ot her suhering husband.
Another Amendment. .V Cincinnati
paper of the 10th ult. has the following in
regard to the long taiked-of amendment
to the Constitution : The call for a Na
tional Convention, to secure the recogni
tion of " God ' in the Constitution, by an
amendment to that instrument, has just
been issued from this city. It is signed by
the Governors of Pennsylvania. Vermont,
Kansas, General William Murray, of New
York, Bishop
.Mcllvame, and numerous
clergy
nen of this citv. It is to be held in
Cincinnati. January 31. 1872. No Metho
dist ministers have signed the call. The
Methodist Episcopal ministers of this city
decline to agitate that question.
Weather Record. From a weather re
port published in the Portland papers we
learn that the total number of rainy days
during the year ended December 31,1871,
was 153 ; number of snowy days, 11 ; to
tal rainfall, 49.87 inches; total snowfall.
9.80 inches. The highest temperature dur
ing the year was 91, in June; lowest, 10,
in December.
Conundrums art? in order. Here we go:
Why is a lady skater like a printer"'
Eaatne Guard.
We give it up ; but suggest that it be
given to the ft'ts'side, a that paper is just
now engaged iu ihe r. " er busi.iess.
Out of seventy-five ladies who constitu
ted a mass meeting on the question ol fe
male suffrage, in Connecticut, or.lv one
was found to be in favor thereof. E:.
This must be cheering to our amiable
sister on Third street.
COURTESY OF BANCROFT LIBRARY.
State News.
Eugene City owes $151 22.
Gervais now has an iron foundry.
The Albany city treasury contains 27
cents. , .
The Purdy Vincent Minstre.s .e .
Salern. . T1 ,
Hay is worth $30 per ton up in Benton
county. , . . .
A homeopathic physician has located m
Albany. .
A comb factory has been started in
Portland.
Multnomah county jail now has only lo
prisoners.
Hon. Ben. Simpson has gone to San
Francisco.
Carrie F. Young is lecturing through
the valley.
The Jacksonville Tunes has closed its
first volume.
Several fights occurred in Albany dur
ing the holidays.
Nine students have graduated from the
Corvallis College.
Junction City has a population of some
twenty-two families.
They have had an "Enoch Arden'" sen
sation "in Polk county.
Potatoes were selling at $1 SO per bush
el, at Corvallis, last week.
The Corvallis Gazette strongly urges the
building of the Yaquina Railroad.
Censer's grist-mill, at Jefferson, has a
capacity of 120 barrels of flour daily.
Charles Bennett will start a twelve acre
vineyard, at Jacksonville, next spring.
Late rains have materially brightened
the mining prospects of Jackson county.
Three persons in Portland have contrib
uted $1,200 to the Ladies' Relief Society.
Ma). Job nsoo. has disposed of a one-half
interest in the City Hotel, Corvallis, for
53,000.
Some "schoolmaster" has been "abroad"
in Portland,' got happy, got tight, aud got
into jail.
A man named Barry had two of his toes
taken off, the other day, by the shaft of
the steamer wasp.
Salem had a Leap Year Sociable last
Tuesday evening. Bashful gentlemen were
very tenderly treated.
The Dixie Thompson is now running
from Portland to Astoria on Tuesdays.
Thursdays, and Saturdays.
The Commercial Hotel, Salem, is now
under the proprietorship of N. Williams
& Son, formerly of Portland.
The leading musicians of the Catholic
congregation, of Portland, propose soon
to give a concert in that city.
John Roberlson has struck dirt, in his
claim on Cayote Creek, Jackson county,
that pays one dollar to the pan.
The 23d Infantry will leave Vancouver
some time this month, for Arizona. The
21st will occupy the former place.
The Fannie Palton, on a recent trip to
'.his city, made the run from Corvallis to
Albany (12 miles) in forty minutes.
Father Jesse Ward, a hero of the war of
1812, and an honored citizen oT Marion
county, died on Wednesday of last week.
A Mr. Jeffrey s, of Portland, won a bear
at a shooting-match on New Year's day.
He hit the " bull's eye." at forty yards, off
hand.
The Herald says several citizens of Port
land have absconded, recently, leaving
anxious creditors behind. That's very
naughty.
The result of New Year's calls and
Leap Year privileges, says a Portland pa
per, are rumored to be lour marriages,
soon to lake place.
The columns of the two Jacksonville
weeklies are rep! He wit h abuse of the
opposite editors. This must be interesting
t di.-interested readers.
Mrs. Victor is now soliciting subscrip
tions to her forthcoming work, entitled
'All Over Oregon and Washington." The
price of the book is $2 30.
The reported recent narrow escape
made by General Palmer, and the drown
ing of seven Indians, is contradicted. Two
items, and nobody drowned.
The Herald tells of a man in that city
who lias a foot Kij inches in rength. and
large enough to completely cover a two
year old child. Has it webs ?
The proprietor of the St Charles Hotel.
Portland, Mr. Jacobs, was the recipient of
a beautiful cane, on New Year's day. from
tho employes of that establishment.
On Friday last. Joseph Legrand. broth
er of the editor of the Portland Deutsche
Z'jiturig, sustained severe injuries by a fall
from a step-ladder. He is improving.
James Weaver, who recently stabbed
Julius Cardwell, alias " Chalk-line."' near
Rosebnrg, was acquitted. Cardwell. al
though seriously injured, is improving.
A man in Jackson county recentlykilled
a cow. in the stomach of which was found
in gold and silver coin the sum of $21 73.
A premium is offered for that C3 s calves
Yesterday passenger and freight trains
commenced making regular trips over the
West-Side Road, from the corner of Stark
and Fourth streets. Portland, to Dairy
Creek.
A man named Jackson says the Dallas
DrpujUciii, who is but recently out of the
Penitentiary, has been bound over in the
sum of $300, for abusing one ilson and
his wife.
Mayor Wasserman. of Portland, has re
ceived a letter asking information of one
Mnrni it!i C. Snider. His parents are said
to be in distress, and are anxious to hear
from him.
A little daughter of Mr. J. Himes, liv
ing near Eugene, recently fell into a tub
of hot. water, and was so badly scalded
that the skin came entirely oft of one side
of her body.
' Not a sor.nd was heard,'' not a bell
was rung, at midnight on Sunday night.
to announce to the pious denizens of Sa
lem the death of the old, or the birth of
the new-born year.
They have an alert fire department in
Eugene. An alarm of fire given there re
cently turned everybody out of their beds
to behold the reflection of a locomotive
headlight on a mill.
From a statistical article in the Herald
we learu that more marriages occured in
Multnomah county in the month of Sep
tember, last year, than in any other month.
Total number for the year. 141.
We learn that there were two and a half
feet of snow at the Cascades ou Tuesday
last, and the thermometer 20 below the
freezing point. Boats are not running on
the Columbia above Vancouver.
A shooting a Cray occurred in Amity,
Yamhill county, oti Wednesday, between
Messrs. Fenton and Baker. Baker drew
a shoe-knife on Fenton. when the latier
shot him in the neck. The shot man got
up ami left, without wailing to have the
ball extracted.
The "hop" of the woman women if
Portland, on New Year's night, it i Eail.
was not a complete success. Dancing was
not indulged in to any great extent, but
ihev endeavored to amuse themselves by
playing " Boston." We do not exactly
know how this gane is played, but are as
sured that it is a harmless one. closely re- ;
tembliug that of " Sim on says thumbs up." j
1
Letter from Governor Grover to the
Secretary of the Interior.
Statu of Oregon. Executive Okeick, )
Salem. November 9, 1871. f,
To the Secretary of the Interior :
Sir I beg leave to call your attention
to the right of this State to hold the
swamp and overfljwed lands within her
borders, not disposed of by the United
States before March 12. IS GO. By the act
of Congress, approved September 28,
1830. it was provided "That to enable the
State of Arkansas to construct the neces
sary levees aud drains to reclaim the
swamp and overflowed lands therein, the
the whole of those swamp and overflowed
lands made unfit thereby for cultivation,
which shall remain unsold at the passage
of this act, shall be and the same are here
by granted to said State.' "That it shall
be the duty of the Secretary of the Inte
rior, as soon as may be practicable after the
passage of this act, to mal e out an accu
rate list and plats of the hinds described as
aforesaid and transmit the same to the Gov
ernor of the State of Arkansas," and at the
request of said Governor cause a patent
to be issued to the State therefor.
By the act of Congress approved March
12, 18(10. the provisions of the last named
act were extended to Oregon. The sec
ond section of this act provides "that the
selection to be made from lands already
surveyed in each of the States, including
Minnesota and Oregon, under the author
ity of the aforesaid, and of the act to aid
the State of Louisiana in draining the
swamp lauds therein, approved March 2.
1819. shall be made within two years
from the adjournment of the Legislature
of each State at its next session alter the
date of this act ; and as to alt lands here
after to be surveyed, within two years
from such adjournment at the next session
after notice by the Secretary of the Inte
rior to the Governor of the State that the
surveys have been completed and con
firmed."' You will observe that by act of Sep
tember 2S, 1830. the first step vital to the
complete investing of the title of these
lands in the State is to be taken by the
Secretary of the Interior. He is "to
make out an accurate list and plats of the
lands dscribed as aforesaid, and transmit
the same to the Governor of the State"
interested in the grant, -as soon as it may
be practicable alter the passage of this
act," "and at the request of said Govern
or cause a patent to be issued to the State
therefor."
It is also provided by the act of March
12, 18G0. that the selection of these lands
in districts then surveyed should be made
"within two years from the adjournment
of the Legislature! of each State at its
next session after the date of this act : and
as to all lands hereafter to be surveyed,
within two yeais from such adjournment
at the next session after notice by the Secre
tary of the Interior to the Governor of the
State thai ihe surveys have been conqHded
and confirmed.''
Although more than eleven years have
elansed since this State has been emit led
to a segregation of swamp and ovei flowed
lauds within her borders, currently as the
surveys have progressed, yet nothing has
been done to the knowledge of this office,
by the United States Land Department to
that end. Itistrue that a letter wai ad
dressed to the Governor of Oregon, bearing
date May 2 1st, IK'O. by Commissioner Jos
eph S. Wilson, of the Genera! Land (.'dice,
notifying him of the swamp lvnd grant,
and asking: "first, whether the State would
be willing to abide by the field notes of
the surveys, as designating the lands ;
and second, whether, in the event of non
acceptance of these notes as a basis, the
State would finnish evidence that any
lands are of the character embraced by
the grant."
This letter seemed merely to be prelim
inary to action by the Secretary of the
Interior in his work of preparing a "list
and plats of the lands described." to be
forwarded to the Governor, as required
by the law. But no list and plats have
ever been received by the Governor, nor
has any notice ever been given to the Ex
ecutive of this State, that the surveys em
bracing the swamp and overflowed lauds
have been completed -and continued.
For the purpose of information as to
what action, if any. had been taken by
the Land Department toward a segrega
tion of these lands, according to the pro
visions of the acts of Congress recited
herein. I addressed a letter to the Survey
or General of Oregon, asking what in
structions, if any, his office had received
in relation to the surveys of swamp and
overflowed lands in this State. His an
swer, a copy of which is heieuuto append
ed, indicates that " no correspondence
has ever been had between the General
Land Oifiee and this (Surveyor General's)
office upon the subject."
You will observe that by the second
section of the act of 12lh March, 18(10
Ihe selection of swamp lands from dis
tricts then surveyed was limited to the
period of two years from the adjournment
of the Legislature of this State at its next
session after the date of that act. which
period elapsed without action on Ihe part
of the Secretary of the Interior, as direct
ed by the law. and consequently without
action on the part of this State. But as to
all swamp and overflowed lands within
surveys made since March 12th, 1S30.
they
can now be selected, because no
limit is placed against selections of this
class, except that they must be selected
"within two years from such adjournment
(of the Legia'ure), at the next session
after notice by the Secretary of the Inte
rior to the Governor of the State, that the
surveys have been completed and confirm
ed," which notice has never yet been giv
en, nor have any lists and plats been re
ceived at the Executive Office and conse
quently the time of the limit has not yet
begun to run.
I. therefore, respectfully urge that as to
all swamp and overflowed lands within
the surveys of this State, approved since
March 12. 18t0. the Department of the In
terior causes to be made a "list and plats
of the lands described aforesaid," and lo
be trnn mit-d to the Governor rf t'm
State, as provided in Section 2d, of Act of
September 28, 1830; and that notice be
given that "the surveys have been com
pleted and confirmed. ' as provided in
Section
2d. Act of March 12, 18(i0. iu order
that the
selections of said lands to be
made by this State may be properly re
recognized and patented.
In relation to all the swamp and over
flowed lands in Oregon not. -reserved,
sold or disposed ot" by the United States
on .March 12. 1SG0. the position of this
State is. that by virtue of Congress recit
ed, a complete grant and indetea.-ible ti
tle were vested in the State -of the whole
of those swamp and overflowed lands;"
the consideration of the grant being that
the proceeds of the lands should be ..pp'.l nl
to their reckiimalioo as far as is necessary
to make them arable. That the nature of
the land is noticed to all the world of
what is granted : and that the subject of
the f rant" s definite and certain: as in law,
thatls certain which can be rendered cer
tain by measurement or calculation. That
non-action or mistaken action oti the part
of the United States, or of this State,
cannot defeat tlits tide. That while, by
reason of the lapse of the two years lim
it affecting Department action in selec
tions made from surveys approved prior
to 12th March. 18G0. no patent can issue
for the same without action by Congress
extending said limit, yet the right to the
Und still rests in this State by virtue of
the grant, and cannot be impaired by act
or om ssion of the United States.
Pursuan'. to those views and in default
of any action on the part of the United
i Mates tending to facilitate further recog
nition of the right of this S'ate to these
lands, the Legislature at its last session
passed "An Act provdng for the slection
and sale of the swamp and oveflowed
lauds belonging to the State of Oregon."
(Laws of Oregon,. 1870. p. 34, a copy of
which I have had the honor to transmit to
your office). By authority of this Act the
the agents of the Slate are now in the
field making selections of these lands.
You will, therefore, appreciate the pro
priety of my soliciting that you cause in
structions to be issued to the several Lai d
Officers in Oregon requiring of them to
take no action which will involve adverse
possession of any of the swamp and over
flowed lands, and to suspend ail action in
cases where any adverse occupancy has
been allowed by them since the date of
said Act of the Legislature of October
2(. 1870. until this subject shall have been
concluded between this State and the
United Suites.
And I respectfully ask your attention to
be given to that class of" these lauds tail
ing within surveys approved since March
12, 18G0. thut the selections by the Stale
may be recognized, and that patents issue
to the State "therefor, in order that Oregon
may be placed on the same footing with
other States entitled !o the benefit of said
Acts of COIigress. Very respecilully,
Your obedient servant
L. F. G ROVER,
Governor of Oregon.
Uejilj- of (Ut Secretary of tUe Interior
Department oe the Interior,
Washington, D. C, Dec. 11. '71. f
Sir Your letter of the Mi ultimo, in
relation to swamp lands in Oregon, v:vs
received and referred to the Commissioner
of the General Land Otliee. I have the
honor to enclose herewith a copy of his
report on the subject, under dale of the
3lh instanand the accompanying papers.
I am, sir. very respectfully, your obedi
ent servant. C. Delano. Secretary.
His Excellency L. F. Grover. Governor of
Oregon, Site in, Oregon.
DErARTMKNT Of THE IXTERIOR,
General Land Oeeick. r
Washington, D. C, Dec. 3, 1871. )
Hun. C Delano, Secretary ot ihe Jnierlur :
Sir The letter of the Governor of Ore
gon, of l th ultimo, in reference to swamp
fands in that State, referred by yen to this
nfViee for renort. has been received. As
preliminary to a statement ol the facts, in
regard to the State of Oregon lor swamp
lauds, a biief statement of the practice of
t ;e Department, under the swamp land
grant, may aid in a better understanding
of the case. The act of September 28.
1830. required the Secretary of the Inte
rior to make out lists, etc.; this duty could
be performed only through the subordin
ates of the Secretary, to wit: the officers
connected with the General Land (Kliee.
Soon after the passage (f said act. to wit:
November 21, 130 a circular was issued
by this ofliee. directed to the Surveyors
General of the several States also sent
to the Governors of those States in which
public- lands were situated (a copy
of
which circular is herewith enclosed, and
marked "A"'), from whicn it will be seen
that two distinct systems were adopted by
the Department ol selecting laud and es
tablishing its swampy character; thus giv
ing the States the choice ot adopting the
tield notes of surveys as the basis ot the
lists, and by that means avoid the trouble
and expense of examining the lands by
agents of the States; or. in case the State
authorities were not willing to adopt that
mode, they might furnish evidence which
should be satisfactory lo the Surveyor
General, and on review thereof, this otliee
and the Department, that the land was of
the character embraced by the grant. One
or the other of these systems was adopted
by ail the States in existence at ihe pas
sage ot the act of September 28, lt.0.
and the selections were made in all except
.Michigan ami Wisconsin, by agents in the
held, and reported through ihe State offi
cers to the Surveyor General, aud if the
evidence was satisfactory to that ofiicer.
lists were made by him and returned to
tins ollice, and when approved by the Sec
retary of the Interior, copies were trans
mitted to the State Executives, followed,
on the request of the Governor, by pat
ent. The act of March 12. I6i:), extend
ing the beuetits of this grant to Oregon
a id Minnesota, indicates .hat there would
bj something to do by the State authori
ties. If no action were needed by the
S ate, why make ihe limitation ol time
within which selections should be made
two years from the adjournment of the
Li gislature at its next session after the
date of his act? Or in case of land ai'ter
waids to be surveyed, within iwo years
from the adjournment of ti e next session
alter notice by the Secretary of the Inte
rior to the Governor that the surveys had
been completed?
On the 21st May, 1SG0. this office ad
dressed a letter to the Governor of Ore
gon (copy inclosed marked "!"). in which
t lie privil ege of accepting either manner
of selecting lands was o tiered ; also, in
closing a copy of the act of Sept. 2S.
18.30, and that of March 12,1 MO. This let
ter was acknowledged by the (Joverrn r
February 22d. 18(51, (copy of acknowledg
ment inclosed marked 0""). and informa
tion given that he had submitted the let
ter of this ofliee. with inclosures. to the
Legislature, which co.ivened on the sec
ond Monday of September. 18G0, but
that the Legislature had failed to determ
ine which of the two propositions should
be accepted. No information has since
been received from the State authorities
signifying that any action had been taken
in reference to the said propositions.
The attention of this otliee has been
called to the subject bj tLe Senators and
Representatives in Congress from time to
time, as follows; 13v Hon. J. II. MclJride,
Dec. 9. 18G.3; by Hon. G. II. Williams,
Jan. 4, 18(i9; by Hon. J. S. Smith. Dec. If.
18159; by lion. G. II Williams, Feb. 9.
1S71; and each was promptly answered
that 5he State authorities had been notihVa.
as stated (21 May, 18(50) and had take i
no action of which this ofliee had been ad
vised.
The Governor, in his letter of 9th ult.,
seems to consider the letter I rem this office
of May 21 18(50. as merely preliminary to
action by the Secretary of the Interior in
his work of preparing lists. Ac. when in
fact it is apparent from the tenor of ihe
letter that its object and design was to
settle the preliminary question of ihe man
ner in which the State chose to have her
lands selected and their swampy charac
ter determined.
If the State had at once chosen ns ad
vised by the Commissioner, to abide by
the field notes, the lists would have bteu
male at once by the Surveyor General,
and copies sent to the Governor after ap
proval, tollowed. on his request, by pat
ents. If the State had chos-en the oth""
way of selecting, by her own agents, ar.d
presenting satisfactory ev idence to tho Sur
veyor General of the swampy character
of the lauds, the first work would have
devolved on the State, when its lists were
presented to the Surveyor General, the
work of approval or rejection would have
been performed by that officer, subject to
review by this office and ihe Secretary o!
the Interior. Although, as the Governor
says, more than eleven years have elapsed
since Oregon has been entitled to a segre-.
gation of her swamp lands, nothing has
heen done except to give the State au
thorities notice, and ask them to chose in
what way they wil! have the claim adjust
ed and this office has waited until now,
without having been informed thit the
State had made her selection.
I return herewith ihe Governor's leiter,
n 1 inclosnre, together with wrapper, as
requested.
Very respectfully, your ob'tserv't,
WlU.lS DltUMMOM).
Cornis-ioner,
The Salem Slates-man has a story of
a well known dairyman of Waldo Hills,
who has resided there twenty years, yet.
while out duck-huntlog recently, though
j' v j
miles from his own
to tiie river, and al-
ould find his way to
not more than two
house, trot lost, fell into
most frozo before tec
hi.i home.
Tlic Great Pictorial Annual.
Ifostetter's Urn ted States Almanac for
187:4, fur distribution, yrctix, throughout
the United States, and all civilized countries
of the Wetern Hemisphere, will be publish
ed ubout the fir.-t of Jjtnnary, in tLe EirgHsh,
German, French, Norwegian, Welsh, .Swed
ish, Holland, Bohemian and Spanish bm
guges, and all who wish to understand the
true philosophy of health should read and
ponder tht valuable suggestions it contains.
In addition to an admirable medical treaties
on the c.iuses, prevention and cure of a great
variety of diseases, it embraces a large
amount of information interesting to the
merchant, the mechanic-, the miner, the
farmer, the plante", and professional man ;
and the calculations have been made for
such meridians and latitudes as are most
su'itabte for a correct and comprehensive
National Calendar.
The nature, uses, and extraordinary sani
tary, effects of Hosteller's Stomach Bitters,,
the staple tonic and alterative of more thau.
halt t;ie (.'hiir-tian woild.are fully set lortU
in its pages, which are also interspersed witls.
pictonal illustrations, valuable recipes Tor
the household and farm, humorous anec
dotes, original and selected. Among the
Annuals to appear with the opening of the
year, this will be one of the most useful, ami
may be had f,,r the nuking. The proprietors,
Messrs. llostetter & Smith, Pittsburgh, Pa.,
on receipt ot a two cent stamp, wdl forward
a copy hy mail to any person who cannot
proem e one in his neighborhood. The Kit
teis are sold in every city, town aud village,
and are extensively sed tin-oils' hc-ut the -tire
civilized w,,rUl.
l-'orly Years Kx jx-iit-i-e have tested
the virtues of lh: 11 istm-' Jlalxam of ll'ild
Cherry, ami the result is that it is the beft
remedy extant for pulmonary and lung dis
eases; embracing the whole range from iv
slight cold to a settled consumption. Were
it not for its writ, it would loup: since havo
M ed, and made n siirti." decsw-i
WILLIAM DAVIDS OU,
REAL ESTATE DEALER.
Office, ?."o. Ci Front Street,
PORTLAND, - - - OHEGOX.
REAL ESTATE in this CITY and
EAST PORTLAND, in the most desirable
localities, consist inn of LOTS, HALF
RLOCKS and 1JLOCKS, HOUSES and
STORES; also
IMPROVED FARMS, and valuable
uncultivated LANDS, located in ALL parts
of the STATE fur SALE.
REAL ESTATE and other Property
pnrchnsed for Correspondents, in this I'lTV
and throughout the STATES and TERRI
TORIES, with yreat rare and on the most
ADVANTAGEOUS TERMS.
HOUSES and STORES LEASED.
LOANS NEGOTIATED, and CLAIMS OK
ALL DESCRIPTIONS PROMPTLY COL
LECTED. Ai d a General FINANCIAL und
AGENCY BUSINESS transacted.
AGENTS of tins OFFICE in all tbe
CITIES and TOWNS in the SI ATE. will re
ceive descriptions of EAR.M PROI'EliTY
ami;iorward the same to the above address.
Feb. 3, IsTl.
Fre-h Garden, Flower, Tree and Shiub,
Evergreen, Fruit and Herb Seeds, Prepaid
by Mail. A coni lete and judicious assort
ment. 25 soi ls of either class 1 oo. The
six classes (T.ju packets) for f i (;o. Also,
an immense stock of one year trrafied Fn;it
Trees, Small Fruits, Fruit Stocks, Yohujj
Fruit, Ornamental and Evergreen Seedlings,
lbdb.s, Loses, Vines, House aud Border
Plants, tc.. Ac., the most complete assort
ment in America. Prepaid bv mail. Priced
Catalogues to any address, also trade list,
gratis. Steds on Commission, Agent.
wanted.
15. M. Watson, Old Colony Nurseries and
Seed Wa eiiou-e, Plymouth, Mass. Estttb-
lished ls42.
.Nov. lo 4v.
On-gon Lodge .u. 3, I. O. or . F.--
o--,pi Meets every Thursday even
0i ing at 7 o'clock, in Odd Fellow's
Hall, Mains eet.
Members of the Order are invited to attend
f!y order.
X. G.
notaiiv rcni.Tc, ENTERPRISE off
Oregon City, Jan " 13:tl
ituiltncmah I.oJ-;.- No. 1, A. K. n jul
A. IU. Holds its regular communiea
-vvr tions on the Firt and Third Fatur-
tf'ty ' each month, at 7 o'clock from
the 2eth of September to the 1:0th of
March, and 7S o'clock from the 2tth of
March to the 2oth of September. Bretb
ren 1:1 good standing are invited to attend.
Dec. ':. 1 s-7o, By order of V. M.
UtJjcccji Degree Lodge Xo. 2, t. O. O. F
(O 0 eet on the Second and Fourth
P$ TUESDAY ErZXLXGS,
of each month, at 7 o'clock, in Odd Fellows
Hall. Members of the Degree are invited to
attend.
Ittligious Service.
St. Pauls (Episcopal) Church, the Rev. Jrhn
. Sellwood, rector. Services on Sunder
at loi A.?J. anci 7 p M Sunday School
and Bible class at 2 p. jf.
1st Congregational Church Scats Free
Morning Services, )0.
Sabbath Sch. ol 12 o'clock M.
Evening Services 7 o'clock.
Rkv. E. Gkkkv, Acting Pastor
I'RiYER MEETINGS.
Sunday evening,..
5 o'clock
7 o'clock.
Tuesday evening
M. E. Church ,
Morning Services,
Evening Services,
SOCIAL MKETINf;
Seats Free.
10.30,
. . 7 o'clock.
Class Meeting following ?Jomin;r Servces.
Prayer Meeting Thursday evening 7 co'cJok.
Sabbath School at 2 o'clock P. M.
EVEtiiHG WRITING SCHOOL
HE L N DLRSIGNED WOULD R E-spectftdh-
atiiiour.ee to the citizens f
Oregon City, that 1 ie will open an
EVENING WRITING SCHOOL,
For young L if. and Gentlemen, in the
rooms now occup ed by Jlrs. Athey's select
School, (formerly by Mr. Pope's Giammar
School.) Commencing
i-OA'z;.i r evenixg, 11th ix sn
School open four evenings each week,
from 7 to a 'clock, during a term cf ten
weeKS.
Students to
and light.
furnish their own stationery
RATES OF TUITION. 00 ER TE3M ,
I ALLEN MACRUM,
Instructor.
Dec. 8, 1871,tf
Ax Oi-fkis. We will give to any young
lady who will get up a club of fifteen sub
scribers to the Enterprise, beforetbe first
of January, and pay in the sum of $37,50.
$15 worth of Messrs. J. L. Peters' new
music, the young lady getting up the club
having the privilege of making her own
selections. Here is a chance "for some
young lady t? get enough music to last
her for a lew years. We will also furnish
Peters' Music il Monthly for six months to
all who will send in threo subscribers
with the money, or for five subscribers we
will furnish them .Magazine for one
year. There is not a young ladv in th
county, ihat plays or sings that should be
- j, kl jiiis mm, snouia oe
without th;s musical work, and they can
easily get this number of subscribers,
Send in the names at once, so you can
commence with the new year.
O
Q
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