The official report of the Secretarv
of the Interior for 1.871-2 Jgives the
following table of the total swamp
lands segregated to the several
Slates, under acts of Congress ap
proved March 2, 18-19, September 2s,
l8",o, and March 2, 1S0O, up to and
ending September :J0, 1870 :
Arivs.
Ohio r-l ,4.1s
I ii lit ik i,n.".4,T::-j
Illinois :;,'JUT,;!-2
.Missouri 4.;u4.44s
Alabama 47!. .".14
Mississippi ::.h70.i'."
Louisiana, Act of in 7T4,!7S
Louisiana, Act of is.Vi ."4.'!,.':.:,.i
Michigan. T.tiT.'ivStM
Arkansas S,V2.4.T'
I loikla i i,7:0.tu;;
W isconsi ii 4 ,:;.!.':.( .2
Iowa 2.)S:S,."o:
:ilif ini:( 1 ,l.Vs.i;r,
iv-on
Mi unroot a 1,1 20.774
That the Land Department of the
Cnited States has done nothing to
assist in segregating the swamp
hinds, can in no manner defeat the
title of the State ; for I know of no
rule of law whereby a grantor under
covenants of diligence will be per
mitted to defeat his own grant by
liis own neglect. aI
The title of the State to the swamp
and overflowed lands within her
borders became vested on 12th day
of March, 18(10, and subject to the
rightful legislation of the State.
In order to save innocent parties
settling on the lands of the State be
fore the State took possession and
before it was publicly known what
the title of the State was, the Board
of School Land Commissioners lias
caused such settlers' claims to be
omitted from the selections of
swamp lands. As to these, L recom
mend the passage of an act granting
to such settlers the right of the State
thereto, without cost to them the
State looking to the United States
for indemnity for involving thistitlc
subsequently to the grant to the
State by the action of her local land
offices. This legislation is necessary
to quiet titles and to prevent further
litigation and disastrous losses.
TIDE LANDS.
Upon the soaeoast of this State, it
is estimated that we have a half mil
lion acres of lands lying between the
ebb and flow of the tide. These
lands belong to the State by virtue
of its sovereignty, or the right of
eminent domain, independent of
any title from the General Govern
ment. The public surveys of the
United States should have been lim
ited to the line of ordinary high
tide of the ocean. But owing to in
attention to the right of the State,
on the part of those having in charge
the work of extending these surveys,
t lie United States government lines
have been extended upon the salt
marshes, and these surveys have
been from time to time approved by
the General Land Office, and the
tide lands so embraced have been, in
many cases, disposed of to donation,
homestead and pre-emption claim
ants, as public lands of the United
States. These transactions give no
t itle as against the right of the State.
The right to the lands lying between
the ebb and flow of the tide has been
asserted and maintained in all the
States bordering on the sea, and in
such cases where, by inadvertency,
or claim of right, they have been
disposed of by the United States,
such lands have been recovered by
those claiming by right of the State
title after the same have leon pat
ented by the United States, and
even after such patents have been
continued by special Acts of Con
gress. It is no favor to settlers for
the local land offices, or any body else
to induce them to take lands under
claim of property in the United
States, winch belong to the State of
Oregon. The greatest effort and
care on the part of the Executive
officers may not save them harmless.
It is the part of wisdom in us to
see to it that the primary disposal
of all our public lands be properly
made. No greater public service can
be rendered at this period of the de
velopment of our State, than to
assure to the people sound titles to
their lands. 1 have called the atten
tion of the Commissioner of the
General Band Office to this subject,
and I now recommend that an Act
be passed providing for the legal
disposal of tide lands belonging to the
State. In framing such legislation,
1 will suggest that the rights of all
settlers who are now in possession of
any portion of these lands, claiming
under the United States, be protect
ed, and that all the tide tlats be held
for sale in limited quantities to adja
cent settlers at a certain price, for a
fixed period, alter which those re
maining might le disposed of at
public auction to the highest bidder.
P EN ITENTIARV lit' TED 1 1 "( . .
The act of the Legislative Assem
bly, approved October 21, lsdl, pro
viding lor the location of suitable
grounds for a Penitentiary and In
sane Asylum and for building a Pen
itentiary, created a Uoard of Com
missioners, who were required "to
have constructed, as soon as conven
ient, suitable wooden buildings
wherein to confine the State con
victs, preparatory to the erection of
permanent buildings for a Peniten
tiary ; to obtain plans and specifica
tions for such permanent buildings ;
to purchase material for the same,
and to transact all business, by them
selves or their authorized agents,
necessary for tho erection of such
portion of such permanent buildings
as to them may seem necessary."
Specific directions are also given to
this act to the Commissions, how to
proceed in the work, and in what
manner to incur liabilities and how
to adjust them.
Commissioners were elected, who
constructed the temporary wooden
prison, but proceeded no further.
At the session of the Legislature
of 1870 Commissioners were elect
ed to till the vacancies in tho Ti;ii
Board created by the act of 8Cr
who have proceeded according
to tho act and have erected such
portion of such permanent build
ings as to them seemed neces
sary for the sa fe keeping of prisoners
The Assembly, at its last session
also facilitated this work, by an'
appropriation of ilfty thousand" dol
lars. The temporary wooden structure
had had become absolutely useless as
a prison. it had been condemned
as such I y t wo i ra tu I J u rios, 1 ,y t he
former building Commissioners', and
by the report of the last iuporin
te.ndenl ; and the duty of the Com
missioners to build a permanent
Penitentiary was absolute.
I state with certain confidence, that
that the work is well and oeouimi
cally done. The plan and style or
the buildings are after the most im
proved models ; and for safety and
sanitary arrangements, the structure
is quite complete. The prison is also
planned with reference to future en
largements, and to the grading of
prisoners according to the improved
methods of discipline. The labors of
the Commissioners have been labor
ous and faithful, and the results have
been labor ons and laithiul, and the
results have had my approval. I
call your attention to the report of
the Building Commissioners, here
with submitted, and recommend an
early appropriation to cover the con
tracts made by them, as 1 consider
them most economically made.
Provision should also be made for
painting the buildings outside and
for ceiling on the inside. The
amount of convict labor represented
in the new Penitentiary and works,
is three millions of brick, and ,:J2.
lays' labor on the buildings. This
prison will hold our State prisoners
until we reach the number of four
hundred, by simply adding iron
colls for their keeping.
The buildings, as they now stand,
have cost the Ssatc Si. "', (KM), repre
sented as follows : s.0,uoo cash ap
propriated ; sr8,oon, convict labor and
proceeds of convict labor; s"l,00o,
now outstanding in vouchers, issued
under the provisions of the act of
I0UI.
A limited appropriation should be
made to assist, eonvietlahor In the
erection of permanent walls around
the prison, and to help the comple
tion of workshops for the employ
ment of convicts. Provisions should
also be made for utilizing tho water
power belonging to the Staff1 within
the prison grounds, which is of first
class character.
These things done, and Oregon
may boast one of the most complete
Penitentiaries in tho whole country.
MANAGEMENT OF THE PENIT FXTI A
EY. I rail your special attention to the
report of the Superintendent of the
Penitentiary herewith transmitted.
There has been a marked improve
ment in the control of this institu
tion. More than double the relative
amount of labor has been done than
ever before, while expenses have
! eon reduced. The discipline, healt h
and moral conduct of the prisoners
have been improved, and the whole
prison has been managed in a man
ner to reflect credit upon the Super
intendent and upon the State. A
progressive system of improved dis
cipline is entered upon. A library is
provided by the liberality of the citi
zens of Salem, "instruction is given
to those who are uneducated, and an
earnest effort is being made to make
the prison a school of reformation as
well as a place of punishment for
crime.
In tlie religious services which arc
held regularly at the Penitentiary,
several of the clergy, resident at the
Capital, have manifested a great in
terest and freoley devoted much time
and labor to assist and instruct tho
unfortunate inmates. The report of
the Rev. A. F. Waller and the Rev.
I. 1. Driver, who have acted as vol
untary chaplains, js herewith ac
companying. 1 recommend that authority be
given by law for leasing the convicts
as practiced in other States, and for
their continued employment under
such a system.
it "will be noticed by the prison ac
counts, that tin4 earnings of convicts
have reached the sum of their ex
penses during the la-l biennial
period, within si 1,( mii I. As soon as the
permanent walls are constructed and
wark-shops completed, the Peniten
tiary, under the present mode of
management, will be self-sustaining.
paeooxs.
Tn accordance with the provisions
of our statute, a report of the par
dons granted by me during the past
two years, giving the reasons why
said 'pardons were granted, is here
with accompanying. There is no
subject within the duties of the
Kxecutive more delicate, or one re
quiring more solicitous attention and
well balanced judgment, than the
exercise of the power of pardon.
Petitions and personal urgency for
Kxoeutivtf clemency, toward those
who have been so unfortunate as to
fall beneath the ban of the law, are
almost constant. To examine and
weigh all cases presented, has been
with me a matter of conscientious
lalor, in the performance of which,
1 have reached such conclusions as
the facts presented seemed to war
rant at the time.
The number of persons who have
been pardoned during the present
Kxecutive term, out of two hundred
and eighty-six different persons who
have been confined in the Peniten
tiary, is seventeen of which num
ber six have been released on phy
sician's certificates, showing that
they were suffering from incurable
disease, rendering longer imprison
ment improper without hospital con
veniencies, with which the State
W33 not provided at the time of
these pardons. It has been held in
these cases that further imprison
ment would extend punishment be
yond the sentence of the law, and
inflict such harsh and cruel penal
ties as are forbidden by our Consti
tution. One pardon that of an In
dian was granted on the ground
of mistaken identity made clearly
to appear ; and one for the reason
that no conviction could have boon
had unless the jury before whom the
case was tried agreed to a recom
mendation to executive clemency
placed in the record of their verdict,
which was d..ne. This pardon was
gran tod after nearly five months'
imprisonment. The remaining nine
pardons wore granted on the usual
grounds of clemency stated in the
report. In addition to the list of
pardons issued by me, J have given
a list of the names of five convicts
pardoned by my predecessor vn the
day before the doo of his' official
term, not reior(ed by him to the
last -Legislature, and "the reasons of
the pardons not Iw-iiig assigned.
EAlLEoAT is I T lis f Dl Es.
Subsequent to the adjournment of
I h e J as t Log i si a t u re t he bill j a sso 1
at that session known as the Port
land Subsidy Bill was refused Kxec
utive approval, and, as directed by
tho Constitution, the same was filed
in the office of the Secretary of
State, with the objections the'reto.
This bill, with said objections, will
be laid be for' you by the Secretary
of State, to be treated " in like man
ner as if it bad been returned by the
Governor." After much further re
flection on (he question of taxing
the people to aid private railroad
corporations, involved in said veto,
1 have been unable to arrive at any
other conclusion than those stated";
and the subject is now submitted to
the final action of your honorahie
body.
uoAiti oi stiroor, LANO commis
sioners. The duties of the Board of School
Land Commissioners have been ar
duous and have been promptly and
successfully pe formed. During the
past two years they have deeded and
bonded 118,710 acres of Common
School lands ; 10," acres of Uni
versity lands ; 1 10,180 acres of State
or internal improvement lands.
The entire quantity of these lands
disposed of prior to September, 1870,
on account of the want of record,
cannot now be stated.
The Board have heard and deter
mined all conflicts of title, and have
kept complete records of all their
work. They have also preserved in
bound volumes a duplicate original
of every deed executed by them. In
connection with the work of the
Board, 1 call your attention to Sec. !
of the Act of October 20, 1808, creat
ing the La Grande Land Office,
which provides that upon the fail
ure of purchasers to make prompt
payment for lands mortgaged to the
State for part of the purchase money,
the purchaser shall forfeit all right
and title to the land, and the land be
-old to another purchaser forthwith.
This is a harsh and crude provision,
and, if enforced, would have done
infinite injiist ice.
This provision should be modified
with a saving clause against all sum
mary forfeitures under it.
The efficient work of this Board is
swelling the amount of educational
funds to such inqortance that more
complete provisions should U- made
for the custody and control of funds
in the hands of local agents ; and
particularly in.. reference to the col
lection and return of interest for dis
tribution to the schools. Local
agents should be required to give
bonds to the Board for the safe custo
dy of the moneys in theirhands, and
for tho faithful performance of their
official trusts.
( vim mo v t too r , t r x i .
The irreducible Common School
Lund, arising from the sales of the
sixteenth and thirty-sixth sections in
each township of the public lands in
Oregon, and those taken in lieu
thereof, has now reached the amount
of :sl."0,noo, hi round numbers.
The grant of wo sections of land
in each township throughout the
State for common school purposes
will give to the public education over
.5,000,000 acres ; yielding one-third of
this amount for mountain lands, not
now available, and we have two mil
lion acres which may be gradually
sold and the proceeds invested for
common schools. Adding to this
the proceeds of the sales of the In
ternal improvement lands and tin
revenue from the Canal and Locks at
Oregon City, and it will be rod My
seen that our Common School Lund
may easily reach three million dol
lars within a reasonable time.
There was distributed last March,
to the several counties, as interest
collected on the invested school fund,
the sum of s.'i!), fVl 71. This is the
first assistance which our schools have
ever received from the common
school grant. A considerable larger
sum will bo distributed next year,
and the work will be followed up by
a progressive increase of the distri
butions from year to year.
SU PEEINTENDENT OF PUBLIC" in
struction:. I recommend that there be provis
ion of law for the election of a Super
intendent of Public Instruction. The
Constitution provides that the Gov
ernor shall perform the duties of this
office, but that tho Legislature, after
the term of five years from the adop
tion of the Constitution, may pro
vide for a separate officer, fix his com
pensation and prescribe his powers
and duties. It has been fourteen
years since the adoption of the con
stitution, while the growing impor
tance of the subject of common
schools requires that the entire time
of an energetic and competent officer
be tie voted to its development and
control.
As to the amendments to the com
mon school law, there are several
which may well be adopted, but they
can better be explained to a com
mittee of your honorable body than
to bo discussed in general message.
AGRICULTURAL COLLEGE.
T recommend the passage of an act
providing for the more dfficient or
ganization and support of the State
Agricultural College. The State, in
receiving the grant made by Con
gress for this institution, places it
self under obligations to maintain a
school of agriculture and the mechan
ic arts. The number of students
provide I to be appointed to this in
stitution by the State ought to be
doubled, and the funds to arise from
the sale of the land belonging to the
College should he marshaled and
made available. In all respects we
bnvo fallen far behind our sister
States in the management of our
Agricultural College grant and the
organizing of the institution.
The report of the President of the
Agricultural College, also a report of
the Board of Commissioners ap
pointed by the last Legislature to
devise rules, regulations and bv
1 a ws and a course of study for said
institution are hereby submitted.
STATE UNIVERSITY.
Of the tO,wsn ucres of land consti
tuting the University grant, about
:;o,(HM acres remaim yet unsold. The
fund accumulated from sales and
interest, is nearly .s12,ooo on. As the
lands yet to be disposed of are not
as favorably located as those first
sold, the whole fund to be realized
from this grant will hardly exceed
one hundred thousand dollars.
1 will suggest in organizing this
institution, if this fund be not added
to i,he Agricultural College Lund, as
suggested by me two years ago, that
the University be located in the
eounty,appropriately situated, which
will donate the most valuable site,
and erect the best buildings, free
from charge to the fund, .'so that the
public fund may bo kept invested,
on interest, for the current support
of the University.
SCHOOL I'Olt MUTES AN1 THE ULINI.
The School for Mutes, provided for
two years ago by resolution, appro
priating 82,000 per annum for its
support, has proved a striking suc
cess, and under the tuition of a most
compentent instructor, the pupils
have made good progress. With
this small beginning as an example,
a permanent State Institution for
Mutes may be organized, with no
misgivings as to the mode of under
taking the same or as to the problem
of successful progress in learning by
this unfortunate class in a school of
our own.
I recommend that a further ap
propriation be made for the support
of the School for Mutes', and that
also that appropriation be made for
the establishment of an Institution
for the Blind. We will fo unable to
establish such large and expensive
endowments for those purposes as
are witnessed in older States, but
economical provisions for a begin
ning in the proper way, what human
ity and the best interests of the
State demand, should be made now.
The report of Lev. P. S. Knight
n tho Board of Kduoalion, giving
views obtained by a late visit to
institutions for the deaf and dumb
of. the State of California, also the
report of the Board of Kducation on
this subject, will be found accom
panying the reprt of the Secretary
of State.
APPORTIONMENT.
As this is the first session of tin
Legislative Assembly after the of
ficial publication of the United Stales
census of 1870, it will be proper to
make a new apportionment of the
members of the Senate and House of
Representatives, based on said cen
sus, according to the provisions of
our State Constitution. I will sug
gest, that in apportioning the Sen
ate, every county having sufficient
number of population is entitled to
one Senator and cannot constitution
ally be districted with any other
county in the election of a member
to which she is entitled alone; and
no county can be districted with
another county except on account of
fractions of the number ot jopula
tion making the amount required for
one Senator.
CANAL AM) LOCKS AT WILLAMETTE
I ALLS.
This work of constructing a canal
and locks for the passage pf steam
boats and other water craft, over the
falls of the Willamette river at Or
egon City, provided for at the last
session of the Legislature, has been
prosecuted by the company who un
dertook the same, with vigor and
success, although the construction of
these works will prove a much more
expensive enterprise than was at
first estimated ; yet tin dispositions
of the company are such as give war
rant to state that the undertaking
will Ijo completed within the time
required by law, and in the most
substantial and durable manner. Tho
importance of this project cannot
now be estimated.
WAGpX" LOADS.
The Coast range of mountains is
twice crossed by military wagon
roads. The Cascade range is also
crossed at twn different points by
wagon roads from the Willamette
valley to eastern Oregon. There yet
remain two important points of tho
Cascade range demanding wagon
roads. A road should be constructed
from the Rogue River valley to the
Klamath Lake basin, ond another
from Portland to the Dalles, along
the left bank of the Columbia river.
The Meachani toll-road over the
Blue Mountains should be purchased
by the State and made free, on con
dition that the neighboring counties
shall keep it in repair. The toil road
running through the canyon of the
Umpqua Mountains, in" Douglas
county, should also be purchased by
the State, and made free on tha same
conditions.
The expenditure on account of all
these projects need not exceed $200,
ooo, and the funds might be provided
from moneys arising from sales of
swamp and tide lands.
In case provision should be made
for constructing these wagon roads,
the act : should provide that thev be
built under contract with the State
directly, and that the roads, when
built, should be free from toh
INSANE ASYLUM.
I lay before you, also, the official
report of Dr. J. C. Hawthorne, phy
sician in charge o the insane. Ever
appealing to the best sympathies of
our nature for aid and protection, this
unfortunate class of our citizens lias
not been left without assistance. Our
State Asylum still maintains its for
mer high reputation for good man
agement, sanitary arrangements, and
successful treatment of its Inmates.
Nearly forty-three per cent, of those
sent to the Hospital have leen cured
Those permanently insane are hu
manely kept, and all their ills allevi
ated to such extent as can be accom
plished in institutions of this class. ,
The buildings of the Asylum have
been greatly enlarged and' improved,
to meet the wants of the constantly
increasing number of inmates.
1 call your attention to that portion
of this report referring to appropria
tions to cover former deficiencies,
and to sufficient future appropriation-;
to cover all contract allowances for
keeping the insane. It is but just to
the contractor to make his contract
rate equal to cash when negotiated
on a cash basis. I concur in the sug
gestions of the report upon this sub
ject ; also, with those made relative
to an allowance for the purpose of
assisting indigent patients, discharg
ed as cured, in reaching home, or
their friends.
I further lay before vou the report
of Dr. A. D. KIlis, Visiting Physi
cian to the Asylum, which is inter
esting in its reference to sanitary
suggestions.
STATE OA I'lTOL
Wo have reached the time when
wo may properly enter upon the con
struction of Capitol buildings. The
increasing membership of our Legis
lative Assembly, the growing impor
tance of our public offices, and the
general facilities required for all our
extending public interests, demand
larger and more appropriate accom
modations than we now possess. But
economy and prudence should still
characterize our undertakings in this
respect. A reasonable appropriation
to begin the structure of a State
1 louse would be commendable.
STATE GEOLOOIST.
It may safely be stated that no
State in the Union surpasses Oregon
in undeveloped mineral resources.
Her geology is bold, peculiar, and in
teresting. Her wealth in the useful
and precious metals is undoubted.
Put we do not know what are our
hidden treasures. It is proKable that
no money could Ik expended more
usefully to our future development
than a reasonable sum appropriated
to sustain a State Geologist.
IMMIGRATION.
II is customary in the younger
States to offer public indueemon ts for
the immigration of new settlers
within their borders, -Much interest
is felt by many of our citizens upon
this subject, and manv inquiries are
made relative to it by' those in other
A merican States and' in foreign coun
tries, U ho are contemplating remov
al to Oregon. I bis subject is worthy
of your careful consideration.
SECRETARY AND TEEASUEEK OE
STAT i-:.
The reports of these officers sub
mitted to your Honorable ody will
be found complete and instructive,
giving all the detailed workings of
the accounting departments of the
State. These officers have been most
diligent and faithful in the execu
tion of their several official duties,
and! trust their accounts will meet
w ith full approval.
CLEEK'AL EOECE.
The clerical force allowed the sev
eral departments is greatly dispro
portionate to the work required to be
done. The Private Secretary of the
Kxecutive office, after performing
all the ordinary duties of his office,
has performed all the clerical lalors
of listing in triplicate all the public
lands of the State, which have been
selected and approved within the
past two years. lie has recorded the
minutes of the Board of School Land
Commissioners, kept the accounts of
the Mute School, purchased supplies
for the same, and performed an im
mense aiiwunt of general clerical la
1mi not belonging strictly to his offi
cial duty, while his proper duties In
the Kxecutive office have leen ex
acting and laborious. ' Q
The Agent of the Uoard of School
Land Commissioners has written all
the correspondence relative to the
disposal of lands and the conflicts of
titles in western Oregon, which has
been voluminous and tedious, iu ad
dition to bis duties touching the
lands themselves.
A clerk of .swamp landjdias been
employed in assisting' to execute the
swamp land act of October 20, 1870,
and one also to conduct the corre
spondence with the Land Office at
LaOrande, and to keep the accounts
of that office.
The services of all these gentle
men have leen unremitting, and
their work is well exhibited in the
permanent records of the State.
conclusion.
In conclusion, I will assure vou of
my cordial co-operation in all'meas
ures calculated to secure the best in
terests of the State, and to promote
the general welfare ; and I express
the hope that the results of your de
liberations and actions may 'be satis
factory to your constituents, and a
lasting blessing to the whole people.
L. F. GRO VEIL
Kxecutive Department, )
Ealem, Sept. 1872. ;