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Oregon City Enterprise.
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IMYERXOR'S MESSAGE.
Gentlemen of thr. Lcrjit'o.tivr ArnitLi : , .
O In entering ujh.ii a second tern; as Chief
live of the State I congratulate you. as the repmoi
tativesof the people, upon t noticeable progress
in our affairs und the marked diiloprnent of our
resources which have distingu fled the bust rour
vears of our history. No Statf hould be more
Iieartily thankful for abounding Itural resources
at the hand of un all-wise Prov.cc. Since your
List meeting the blessings of goTi order, bcaln,
generousJiarvesVi and general prosperity have pre-
Vou assemble here under happy auspices to con
suit for the continued prosperity and, by judicious
legislation, to promote the common good of our
vigorous and proud young commonwealth.
It becomes n dmv to tender to you such infor
mation of thf present state of public affairs as may
appear uppropi-i.it): to the occasion, and to maHe
such recommendations as may lw pertinent. .
A detailed statement of the condition of the Chief
Departments will bo laid before you by their reppe
tive heads, to which I respectfully refer you for full
jTsiccou'its of their workings. 1 here present a con
"deiised statement of the financial condition of the
State.
l'liiuiie-s.
The balanoe-s in the Treasury at the close of the
financial vear. September 6. 1S7J, were ?172,.ryT 41,
to the credit of the several funds, as follows ;
General Fund (including 84,811 :V3 for ad
vertised warritiits, coin S r.,.r33 91
General Fund, currency S7- W
Common School Fund (principal 51,-.!,-o 'J,
interest. ?1. -''$ lb;, co n 2,401 69
Common School Fund 'principal, IS,
interest, $U'7" .'., currency 1 "?! 9?
l'uivcrity Fund, coin M j
University Fund, currency 2.d 14
Sprte Land Fund, coin 2"...Vi7 lt
State and Fund, currency :i.,13 00
Five Per Cent. I". S. Lund Sale Fund, cur
rency 13.30ii OS
Ef l.c Jt V'und. coin 1M'2 -1
Kscheat Fund, currency - .' '
Soldiers' Bounty Fund, coin.. f.9.fl 4S
Soldiers- Belief Fund, coin 14,370 Do
Total balance, as above Sl72,''7 41
Kr.CKII-TS.
Received since, into the Treasury, the sum of
775 oi. to the credit of the following funds:
tener3 Fund (including onerwnd one-
half'miiU Belief and Bounty tax), coin..51G0,C'.'r. 22
General Fund, currency 4 ST. H)
Common School Fund Principal, coin 19, M 10
currency.. ;,'.; 20
Interest, coin 4o,.so; as
" " currency.. 14.tlt ti7
rnivcr.-.itv Fund, coin It'.dO 51
University Fund, currency
Kscheat Fund, coin 5.S10 3o
State Land Fund, currency 'V-19- V-!
State Land Fund, coin iSu.lUO ;
Five Per Cent. U. H. 1-and Sale Fund, cur-
rencv - 30
Agricultural College Fund, currency W4 n
Swamp Land Fund, coin ...... o,Wu .)
State Capitol p.uii.ling Ijind Fund. coin.. n 00
Tide Lund Fund, coin i.,0-J. To
Total 28 ,775 01
I)blU'ILHKlK.NH.
Pai'l since, out of all the funds, the sum of SG03,-
m-i j-, t.- tli. debit of the following funds
General Fund, coin
n General Fund, currency ,
Legislative Fund, coin J.
Penitentiary Fund, coin
Judicial Fund, coin
Kxcentive Fund, coin
Insane Fund, coin -.
Convict Fund, coin
Printing Fund, coin
Incidental Fund, coin
Penitentiary Building Fund, coin
State House Building Fund, coin
Fuuitive Fund, coin
Indigent Fund, coin
Agricultural College Fund. coin..
Common Scliool Fund Loans, coin
Common School Fund Ix.ans. currency...
Common School Fund Interest (distribu-
tiin and cxpen-es , coin
f Common School Fund Interest '.distribu
tion ). currency ;
University Fund Loans, coin
L'nivcriitv Fund I.oans currency
47,2m 7(5
4."i 00
24.011 W
4S.7D1 51
:y;.7'8 ri
14.S1C2 11
01. M 4 si;
4.5-tl I.S
l),s::s T.i
J1.JO0 KT
fd.!NW 7S
yn.ttiii )
:5t7 77
2..M7 4:5
77:i 15
lfi.'js; 74
5,0:!5 70
41,452 '.15
13.IW5 7S
It", (-,85 (16
1, (KJ0 00
25.1 ! Kt
32,14-S 77
07 00
35,017 25
18,520 80
5,5.; 32
.m; Ckj
2, 51 24
Soldiers' Bounty Fund 'exclusive of State
Hous buildinir transfer), coin
Soldiers' Belief Fund, coin t
State Land Fund, cuirency I
a, State Lainl Fund HV.r Lock Bond I lift-rest
and expenses
Five Per Cent. C. S. Lund Sale Fun
rency
Swamp Land Fund, coin
Htnte Capitol Bu'ldisg Laud Fund
Ti.le Land Fund, coin
Total Stk-.;5.1'J3 45
Leaving funds in the Treasury, September 14,
ls7t. gU, 17S l7, to the credit of the s.jveral funds,
as follows :
General Fund, ( ol.i ? l.'dO 19
(ieneral Fuucl, currency 1.000 o0
Common School Fund Principal, coin 4.'isl '.'5
" " currency 2,55 S3
" " Interest, coin 5t'.l KJ
" " " currency l,72t". S
University Fund, currency 2.1 4 S3
Kscheat Fund, coin 7.42:i 27
Fch-at I'und, currency 1.7S5 37
Bounty Fund, cm 21.613 ?7
Belief" Fund, coin 21.054 fe'
State House Building Fund, coin 10 00
State IjxihI Fund., coin 15.S50 47
State Land Fund, currency 5-1,945 98
F ive Per Cent. C S. Land Sale Fund, cur
rency - 5 53
Agricultural College I-aud Fund, cur
rency . 904 50
Swamp I. ami Fund, coin 51 IS
State Cnpitol Building Land Fund, coin.. 04900
Tide Land Fund, coin 171 ol
Total S13S.17S
Lialililles of tlie Slate.
97
no.NDS.
Outstanding Soldiers' Bounty
Orjstandii!g Soldiers' Belief
.5 20.500 00
. 20.717 00
517,247 00
LOCK BONDS.
Payable out of Internal Improvement
Land Fund, and Five Per Cent. Land
Sales $200,000 00
WAOON" IHI.U) .VAKRANTS.
1'iiyable out of Swamp and Tide Land
ami Five I it lent, l . . uwu aie
Funds
S T AT K W A I! II A NTS.
...S 01,550 00
Outstanding, on all accounts, payable out
oi Stat,. ICeVeliue
.52S7.459 00
It will he obstrved that the aecuicuiations in the
Soldiers, Bounty and Belief Funds ur nearly suf
t'. ient to pny off the Bounty and Belief Bonds, and
that the Lock Bon. Wand the Wagon Boad Warrants
ktand against resources in hand sutlicient, when
available, to liquidate this doss of liabilities, so that
the only liabilities puyaarte out of the revenue of the
State are the outstanding State warrants.
There has been an apparent large increase of out
ownding warrants since my last biennial messaire.
This is owing to the fact tlit nearly all the warrants
drawn on the Treasury from lsOH to hs'u were sus
lendcd lbrtlie reason thai they were drawn without
un appropriation having first been made for their
pavment, the Legislature of 1 sr.s, having adjourned
without makinii the general apropriitions. The
Assembly of lSToprovidc'l for the payment of n part
otilv of these warrants while the balance were car
no" forward to be provided for by the lust appropri
ation hill. In addition to the payment ot the lace
f these warrants an addition of thirty per ctnt.
average increase upon their face has ha'd to be paid
lor intcrt st. on account of the suspense.
Agfiin.no building tax was levied for the con
Ktructioii of the new Penitentiary, and the entire
cost, except proceeds of convict labor, was paid by
warrants on the Cieiicral Fund, which was sutlicient
inlv for the current general expense, and the de
votion of convict labor to this work swelled the ap
propriations for the support of the prison.
There were several appropriations made by the
last Legislature which need not be. and should not
1 repeated. Our state Constitution limit? the in
debtedness of the state to fifty thousand dollars.
The provision is iw follows. Article lo. Section 7.
'The Legislative A-sembly shall not loan the credit
of the State, nor in any manner create any debts or
liabilities which shall singly, or in the aggregate
with pre ions debts or liabilities, exceed the sum of
tiltv thousand dollars, except in case of war," etc.
It is contended by some that this provision refers to
funded debts only, and not to the margin of out
standing warrants issued for current expenses. But
it appears to me that the iorm of the liability, does
not vary the binding fore.- of this restriction. The
aiftcregate of P.ll indebtedness against tWe State
should be within b:ly thousand dollar In fact, it
was the evident intention of the trf
Suite Coiist'.MiUoiLlhnt the State should
tree from debt.
: Article?, Section 2 provides that:
:rs of our
. absolutely
'The Leg!.s-
lative Assembly shall provide for raising revenue
MUhcient to deiray lhcex-uc.s or the State for each
fiscal year, and also a sutlicient sum to pay the in-tere-t
on the State debt, if there te any." " Section
0, of the same article, provides that: "Whenever
the expenses of any tiscal year shall exceed the in
come, the Legislative Assembly shall provide for
levying a tax for the ensuing fiscal year, sufficient,
with other sources of in-ni,i. t pay the-deficiency
as well as the estimated expense of the ensuing
liscal year." These are positive mandates of our
fundamental law. The Legislative Assembly is
made re.-ponsible that the State be free from debt.
I desire to co-operate with you to enforce these re
quirements literally. The sole reason why execu
tive sanction was refused to the emigration bills of
two years ago was that no means was provided to
meet the expenditure proposed, and that tl.e gen
eral appropriations already made exceeded the rev
enue, while the General Appropriation Bill could
not be modified by Kxcentive action without veto.
ing the whole bill at the heel of the session und dis-
organizing the state Government. ou w ill there
fore appreciate the eorelative duties of the Legisla
tive aii.'rT'.xccutive Departments upon this subject-
t he levy ter current Kvneral revenue, bv Act of
October zz, jsoi. is tive mills on a dollar. The mili
tary tax is a mill and a half on a dollar. But, owing
to a general misapprehension of the law, four mills
only L?r p-.neral Situe purposes have been collected
luring the last four years and fur some time pre
viously. One mill of the military tax can now be dispensed
Willi, as the military fund is jiow nearly su'.lieient
to pay oft the balance of out-aanV.nK Military
Bonds. Beducing the military tax one mill it
might be well to institute a half-mill buildinu tax
to stand until all public buildings are comolete'd'
and to restrict, absolutely, ull aiinrot .ri a r i.,iw r.t.
building purposes to the resources of the Buildine
Fund. Let the State tax he re.hir.xt t..r.. m.f
and coutme the current general expenditures to the
revenue arising therefrom, and let the other half
mill, taken from the Military Fund, be transferred
to create a Sinking Fund with winch, to liquidate
the excess of outstanding warrants.
A more simple, and perhaps m the end a more
satisfactory plan would be to let the general taxes
stand as they are for the present. Collect the live
mill State tax. but confine current expenditure
within a four mill revenue, until there fchali be no
outstanding State warrants, then reduce the State
tax one mill. Draw upon the surplus military fund
for State House expenditures, as heretofore, until
the Capitol can be occupied. Liquidate all military
warrants, then repeal the military tax altogether.
LOCK BONDS.
The accumulating funds from the Internal Im
provement Grant should be placed at intcrtst, and
authority be given for the gradual liquidation of
these bonds as the funds for their payment increase.
As the faith of the State is pledged for the adminis
tration of the Internal Improvement Fund so as to
meet these obligations, prompt and sutlicient appro
priations to meet the maturing coupons ure impera
tive. PC BMC LANDS OF THF. STATE.
By the act of the Legislative Assembly of October
13, 1S62. the Governor was empowered and directed
tolixjate ell the lands to which the State was enti
tled under the several acts of Congress making
grants to the State.
The condition of our public land interests, at the
timeof my entrance upon the duties of the guber
natorial office, four years ago, was fully set forth in
my last biennial message. Since that period the
work of securing the interests of the state, in these
public grants, hasbteaaily progressed.
INTERNAL IMPItOVEMENT CiltANT.
The full amount of the Internal Improvement
Grant ol tive hundred thousand acres, held under
act of Congress of September 4, lsll, lias Ix-en se
lected and finally approved to the State by the Sec
retary of the Interior the exact quantity'so vested
being 500,000.99 acres, as per final statemeM of the
Commissioner of the General Land Office, U-armg
date February 0, 1S74.
I'NIVKRSITV LANDS.
By act of Congress of February 1 1, 1459. admitting
the State of Oregon into the I'nioii. seventy-tw o see
tions. amounting to l'orty-six thousand and eighty
acres of land, were set a'nart and reserved for the
use and support of a State University. These lands
have been fully selected and the quantity of 4 1,300 hi
acres have been finally approved bv the Depart
ment of the Interior. The limited balance w ill be
approved in lh due course of ollicial business,
INDEMNITY COMMON SCHOOL LANDS.
The lands taken in lieu of the sixteenth and thirty-sixth
sections in each township, held for common
school purposes, under authority of the act of Con
gress of January 7, 1S53, have been selected as fast
tis the surveys have been completed in regions
where the settlements have preceded the surveys.
In all caseii where ihesetllementii have not reached
newly surveyed lands, at the time of the surveys
the sixteenth and thirty-sixth sections become
vested in the State without listing, by force of the
original grant for common school puroses. The
amount of the Indemnity Common School Lands
so far selected and approved by the General Land
OMiee, is one hundred and nine thousand, seven
hundred and nine ceres. The amount selected and
awaiting examination for approval is tive hundred
and eighty acres. These selections cannot be finally
completed until all the public land of the State shall
have been surveyed by the General Government,
AGKICCLTC1LAL COLI.K0E LANDS.
The condition of the land granted by Congress
by Act of July 2, 1S02, providing lor the establish
ment of Colleges in the .several States for the "bene
fit of Agricultural and Mechanic Arts, was" f ull v
stated in mj-last biennial message. On account of
obstacles therein set forth, the lauds selected under
mis grain naa not oeen approved, although they
had been selected by a Commission created and
authorized by the Legislative Assembly at its regu
lar session in 1S0S.
The special Act of Congress touching this subject:
approved June 4, 172, provided, in section second
thereof, "that any such selections already made by
said State (Oregon; and the lists dulv filed in the
proper district land office, be and the same are
hereby continued, except so fur as thev may con
tact with any adverse legal right existing at the
passage of this Act." On examination of the lists of
these lands for iinal approval by the Commissioner
ol the General Land Office, thev we.e found to con
tact with the Klamath Indian Reservation and
that the quantity of lo,0ti acres of the same lav
within said reservation. The boundaries of the
reservation were not definitely known to the Com
mission charged with the duty of selecting these
lands, hence the conflict. The amount of 79 23-5 17
acres of this grant Ls now finally approved, and the
lands have been ottered for sale pursuant to the
provisions of the Legislative Act fur that purpose
approved October 2S, lf72.
The amount to be selected anew, alter all rejec
tions for conflict, is 10,761.s:: acres. The selection of
this balance has not been hastened, for the reason
that lauds of a greater value than now obtainable
can be listed after the public surveys have been fur
ther extended.
These lands have not been disposed of as rapid! v
as was expected when hist ollered lor sale. It is
thought by some who are well acquainted with tiie
premises that the limitation of the statute providing
for their disposal requiring sales to be made to acv
tual settlers only, and in quantities of not more than
three hundred and twenty acres to each settler, are
obstructions in the way of sale.
It is asserted that the lands selected are better
adapted to gTazingpurposesthan to general agricul
ture, and that more than a half section is necessary
tor a profitable stock ranch, while those who al
ready own three hundred and twenty acres of land
are debarred by the statute from purchasing anv of
the Agricultural College selections.
it is certainly a good public policy to divide
the public lands of the State into asiiianv home
steads as is compatible with successful settlement.
but the early disposal of these lands, in order that
the funds arising therefrom may be made available
for the .support of the Agricultural College. Would
seem desirable. The minimum price is fixed by the
act of Congress making the grant, at two dollars and
fifty cents per acre. I call your attention to this sub
ject, and suggest an inquiry w hether, for the pur
pose oi lucmuuiug saies, a cnange in the conditions
of sale prescribed bv the act of October 28. 1872.
uiigm 1101 oe Huvisaoie.
PfBLIC BCILDINO: LANDS.
The quantity often sections, or six thousand four
hundred acres of public lands, were granted to the
State of Oregon by the act of Congress of F ebruary
14, 1S59, before referred to, which, in the words of
the Act, were "to be selected bv the Governor of
said State, in legal subdivisions, for the purpose of
completing the public buildings, or for the erection
of others at the seat of government, under the direc
tion 01 me juegisiature tnereot. ' since voiir last
session these lands have been selected and approved
by the local land offices within whose jurisdiction
the locations have been made, but final approval
by the Iicpartment of th Interior has not vet been
had.
SALT SPRINGS'.
The Act of Congress last before mentioned nlso
contains the following provision: "That all salt
springs within said State, not exceeding twelve in
number, with six sections of land adjoining, or as
contiguous as may be to each, shall be granted to
said State for its use. the same to be selected bv the
Governor thereof within one year after the admis
sion of said state, and when so selected to lx; used
or disposed of on such terms, conditions and regu
lations as uie Legislature snaa direct. I'mviitol,
that no salt spring or land, the right whereof is now
vested in any individual or individuals, shall by
this article be granted to said SiauV'
No selections ot springs or lands liiuinc Iipmi
made under this authority within the stated limit of
time, on the 17th day of December, 1800, Congress
passed "An Act to amend the fourth section of the
Act for the admission of Oregon into the Cnion so
as to extend the time for selecting Salt Springs and
contiguous lands in Oregon." Bv this Act it was
provided "that the time for selecting the Salt
Springs and contiguous lands according to the pro
visions oi tne iounn section of the Act entitled ' An
Act for the admission of Oregon into the Union '
approved February 14, 1S.V.I, be extended to any time
within three years tr-oin the passage of this Act. any
thing in said section to the contrary notwithstand
ing. This extended time expired December 17
18o.. without selections of Salt Snrin r a TO 1 ) Q lifts
adjacent thereto having been made. The right to
these springs and to the lands mentioned in this
gram mereiore lapsea at mat period.
There are several Salt Springs within thi i,ii. of
superior character and of great futti.-e value, already
know n, and I doubt not there are many others vet
undiscovered w hich might be secured to the State
if the time for selection could again be extended
The entire quantity of public lands w hich would
enure to the State if the springs could be acquired,
would be toity-six thousand and eighty acres. This
is a grant customary to be made to the new States
upon their admission into the Cnion, and is of such
importance that I suggest that vou mcinoralize Con
gress to pass an act 1 gain extending the limit for
selecting the Salt Springs and contiguous lands.
SWAMP LANDS.
The right of this State to fill" cu'tmin on.l
flowed lands within h-r 1
granted by Act of Congress, of March l' lSiiO ex'
tending to Oregon the provisions of tlie Swamp
Land Act of September 23, 1S50, has not vet been
iully acknowledged by the General Land Oilice.
in m ins i oieiimai message the following re
marks were made upon tlie condition of this c lass
of lands as existing at that time
nVti.tlle n?V,v'c va? lukcI1 f tllis important
grant by the publ e authorities of this State until
w.e -.s.s,ou oi me last legislature, at which an Act
w as passed beari tig date October 'V.. 1S7(. entitled
...... .-0.1 ,.r n lumg ior tne selection and sale of the
sW( K,'. 0f":au'c,l Ian,ls helonging to the State
ofinVii ,' . ,i',uu,lnl lnii tne i.oard 01
moil Land t omraissi., tiers should aimoim denn-
ties,:!.f'r,,iT.'. ? -ST" Practicable, to select in
jKstield all t.ie lands rendered unfit for cultivation
HO liuncbltloll or 01-.., H. i. i. . , .
bvi T, ." -- "-'"'', Minim mis .-suite, ana 10
" 1 e return of th tn,-r... ... 1 . ...
nidi- 1 . s-".nv- wniuu vvoiiuiussioiiers.
""p ursuant to this authority, deputies have been
n..ru,in , who havo proceeded to the tield and
1 ln.te 1 m-o svtciui 0.1S11 icis 01 MICH
lan.l a ll'y Uieined to fall within the description
of said Acts of Congress, omitting under instruc
1: ... A..in the Board, all such swamn lands as are
laim -d and occupied by bona fi.ic settlers, under
whatever nht tht claim. The amount of swamp
and overfiowoi lands 80 'leered, free from conflict,
and report0'1 to tho 1Jonr' l,l to the present time is
174 9 97-100 acrcs, lists of which have been dupli
cated'and dul" forwarded for filing in tlie office of
the Survevor General of Oregon.
' In tiami'1'"!! the title of the State to these lands,
and the condition of the grant, I found that there
io 1 been a practical omission on the part of the De
1 nrtment of th Interior to execute the law s of Con
'nsT: making this grant, as far as the same related
J?rZ.Zrnn rhe usual special instructions sent to
?,Sc& of other States, holding under
ulelkmcacu of Congres-s. directing a segregation of
t e swamp lands, had not been transmitted to the
the swamp ""jS f tn;s state. Deputy United
?aurveln the held had generally made no
note of he sWamp lands, but had returned all this
cla of lands as arable, and the several local land
offices had been accustomed to dispose ot them
without reference to the title of the Mate, as public
lands of the United States- subject to homestead and
pre-emption settlement. L' this means consider
able portions of the swamP owned by the
Stte. and which are still vested 111 the State had
. j: ...-4 f . tv... luioi of the I nited states.
" V letter was addressed by me to the t-ecrctarv of
the Interior, bearing date November 9, lb.i, caning
his attention to the acts of Congress under which
w e hold these lands, and to the omission of the Land
DtparUaent of the United States execute the
1 .1 . - o nn .... .... ... . .
herewith accompanying. ln this correspondence I
have urged the General Land Department to exe
cute the fcwamp Land laws of Congress in favor of
Oregon, as they have been executed in faror of
other states under the same laws, ami to btn-pend
all action of our local land office involving adverse '
possession of these lands until the question of title
could be adjusted between the State and the United
states. On the part of the Secretary of the Interior
and the Commissioner of the General Laud office a
willingness has been indicated to enter upon the
segregation of the Swamp Lands, but no work has
been done in that direction by them, and no in
structions have been issued, to the knowledge of the
Executive, in answer to the requests contained in
the corresiKindence. I can state, therefore, as the
present condition of this important interest, that the
acts ol Congress making the sw amp land grant to
Oregon remain practically unexecuted by the Land
Department of the United States. In the meantime
lands unquestionably of a swampy character, are
bei ng disposed of by the local land offices, thus ab
sorbing the property of the State and complicating
tne title to the fcuamp and overflowed lands within
her borders. In relation to the right of the
state to hold these lands, even without any action
ot tne I nited states Land Department, and without
patent. I have not the slightest doubt."
Mate the last session 01 your body a leading de
cision has been made by the Supreme Court of this
Mate, at the case of Joseph Gaston vs Frank L. Stott
involving the possession of that tract of swamp and
oyerliowed land known as Wapato Lake, in Yam
hill and Wuslangton counties. The court. Justice
MeArthur. delivering the opinion, unanimously
held that tne acts of Congress recited, created a grant
tji i'l-rittt and passed a fee simple title to the State
of all the sw amp and overflowed lands within her
K.r,:ers; and that the State has a right to make se
lections and to dispose of the lands acquired under
this grant before the Issuing of the patent by tho
General Government.
This position has been held by the highest tribu
nals of nil Uie states, entitled to this class of lands
under the acts of Congress from which we derive
title, and also by the Supreme Court of the United
I,1,".- o ln tlle case of Kailroad Company vs Smith,
. ullace, I'. S. Supreme Court Reports, page 99, the
supreme . ourt of the United Suites in passing upon
the etlect ot the omission of the secretary of the In
terior to segregate swamp lands in Missouri, as di
rected by the act of Congress of September i!S, 1H50,
iLses the following pointed language:
"Must the State lose the land, though clearly
swampland, because that officer has neglected to
do this: The right of the State did not depend on
his action, but on the Act of Congress, and though
the State might be embarrassed in the assertion of
this right by the delay or failure of the Secretary to
ascertain and make out lists of these lands the right
of the States to them could not be defeated by that
delay."
Tlie condition of the swamp lands, within the
State is the same as slated in my message of tw
years ago, except that progress Los been made in
segregation by State agents acting under authority
of the Hoard of School 1-and Commissioners, as di
rected by statute. The total amount of swamp
lands w hich have been surveyed and selected by
the several deputy sw amp land commissioners un
der authority of the act of the Legislative Assembly
of October M, 1S70, is lii',0.600.42 acres.
No instructions of any character have been re
ceived at the otlice of the Surveyor General of this
State, customary to be issued to that office in all
States entitled under the swamp land acts of Con
gress. 'Ihe refusal of the General Land Office to act in
the premises is now reduced to a mere technicality.
The Act of Congress of September U8, 1S50, the pro
visions of which were extended to this State by Uie
Act of March 12, lid), provides, "That it shall be the
duty of the Secretary of the Interior, as soon as may
be practicable after tr.e passage of this Act, to make
out an accurate list and plats of lands described as
aforesaid (the swamp and overflowed lands), and
transmit the same to the Governor of the State ;
and, at the request of the Governor
cause a patent to be issued to the State therefor."
on tiic2ist day ot May, l.soo, the Coniuassioner of
the lieneral Land Oilice addressed a letter to the
Governor of Oregon, proposing the adoption of one
or the other of two systems in segregating these
lands, in the following words:
"1. Whether the State would be willing to abide
by the field notes of the surveys, as designating the
lands, or
"2. Whether, in the event of the 11011 acceptanco
of these notes as the basis, the State would lurnish
evidence that any lands are of the character em
braced by the grant.
"This is important to the State also, as by the sec
ond section of tiie Act, the selections in tow nships,
where the surveys have been completed, are re
quired to be made within two years after the ad
journment of the first legislature convened after
tne passage ot the Act: and, where the surveys arc
yet to bo made or completed, within two years from
the adjournment of the next session, after notice to
the State that tlie surveys are completed and con
firmed." The Commissioner of the General Land Office, in
a communication to the Governor of Oregon, dated
April 2i, lt73, referring to this subject, says: "This
letter was acknowledged by the Governor February
22, LS01, and information given that he had submit
ted the proposition, with tlie inclosures, t the leg
islature which convened second Monday in Sep
tember, 1.S0O, but that the Legislature had failed to
determine which of the two propositions submitted
from this ofliee should be accepted." On the d day
of January, 1S72, in reply to the objection, raised for
the first time in a letter of the Commissioner to me,
bearing date November 19, 1871, that the State had
not elected which of these methods would be the
more agreeable ; I stated that, by the provisions of
tlie Act of our legislative Assembly, of October 2,
1570, providing tor the selection and sale of swamp
and overflowed lands, "the state of Oregon has
elected to make selections of sw amp and overflowed
lands within her borders, by agents appointed by
the State, and to furnish evidence that all lands
claimed by her are of the character embraced by
the grant referred to."
But the General Land Oilice still refuses to pro
ceed because the legislative act did not declare, in
so many words, that the State did elect to select the
lands by its own agents, and docs not provide for
furnishing the General Land Ottico with any
testimony whatever. I have not lately dis
cussed this matter with the Department of the
Interior, because 1 deemed further discussion of no
value to the State. The acts of Congress under
which w e hold the swamp lands do not require any
election on the part of the State its to what method
shall be adopted in the segregation. The proposi
tion of the Commissioner of the General Land
Oilice, contained in his letter of May 21, 1S00, to the
Governor of Oregon, asking the State to elect be
tween two proposed methods, which had before that
time been practiced in other States in segregating
swamp lands, seems to have been made out of def
erence to the dignity and interests of the State to fa
cilitate just and satisfactory action in the premises,
rather than to clog the successful prosecution of the
work. As to the Legislature of this State prescrib
ing the manner of furnishing evidence to the De
partment of the Interior ujion this subject, 1 do not
deem it competent for a State to make rules and
regulations for transacting any public business with
the Departments of the United States
Our legislative act of 1870 most certainly made
election to select the swamp lands by agents of the
State, because it provided directly that these lands
should be selected in that manner, and mch agents
have, been at work in the field performing this duty,
from time to time, for four years. To say that the
state has not so selected is to deny that a statute is
the expressed will of the Legislature.
'Ihe reason which induced the Legislature to pro
vide for making these selections by agents ol the
State was that this important grant might bo wholly
lost if left to the accidents of the general surveys.
To avoid further controversy, and to meet the
views of the General Land Otlice, I recommend that
a joint resolution be passed specifically electing to
select the swamp and overflowed lands by agents of
the state, and instructing the Board of School Land
Commissioners to furnish such evidence, and in
such manner, of the character of these lands as the
Department of the Interior shall prescribe.
All the swump and ovellowed lands have been
listed in duplicate, and reported in that form to
the Surveyor General of Oregon, authenticated in
manner km proscribed by that otlice. One of these
lists hits been by him forwarded to the General Land
Otlice. The magnitude of this interest is greater
than at first supposed.. The southeast quarter of the
State, not yet surveyed, and but very little ex plored,
appears, by latest information, to be occupied be
tween its mountain ranges by a succession of ridges,
hills, lakes and marshes, all productive and valua
ble. The securing of these lands is the more im
Krtant for the reason that the residue of their pro
ceeds after paying the Wagon Boad warrants is de
voted to one of the most important public projects
which has attracted notice in this State. I refer to
the construction of the Portland, Dallea and Salt
Lake ita.iiroad.
TIDE LANDS.
The title of the State to the tide lands upon her
sea coast and rivers was first brought to public at
tention in this State in my last biennial message. I
then stated that " thee lands belong to the State by
virtue of its sovereignty, or the right of eminent do
main, independent of any title from the lieneral
Government." But in the public mind these lands
are confounded with the sw amp lands. Tlie titles to
the two classes of property are essentially distinct
and different. The former does uot depend upon a
grant by Congress; the hitter does. The title to lands
between the ebb and tlow of the tide has been in
controversy in other States, and final adjudications
by the highest tribunals have determined the right
to be originally in the States. In the ease of Pollard
et nl. vs Hagan. reported in 3d Howard. 212, the
plaintiffs held a tract of tide land in Alabama by
patent from the United States, which after contro
versy, was specially confirmed by tw o several Acts
of Congress. The defendant held under a deed
from the State, and proved that the premises were
covered bv water at common high tide. The case
was ft leading one, ami was ably argued and fully
considered. The Supreme Court of the United
States held :
"First. The shores of navigable waters and the
soils under them were not granted by the Constitu
tion to the United States, but were reserved to the
States respectively,
"Secondly. The new States have the same rights,
sovereignty, and jurisdiction over this subject as the
original States.
"Thirdly. The right of the United States to the
public lands, and tlie power of Congress to make all
needful rules and regulations for the sale and dis
position thereof, conferred 110 power to grant to tho
plaintiffs the. land in controversy."
In this case u United States patent was set aside,
and two acts of Congress touching the title to the
premises were declared void, and the right of the
State to the tide lands, by virtue of her sovereignty,
was sustained.
This doctrine was recognized and enforced by the
Supreme Court of California in the case of Karish
vs I'oon, 40 California Reports, 33. In this casesidt
marshes had been selected and approved to the
State as a part of the rive hundred thousand acres
granted bv Congress by Act of September 4, 1841
for Internal Improvements. The lands had been
sold by the State to private parties, and had been
improved at great expense, and hud been held in
private possession nearly twenty years. But the
Court set all the conflicting rights aside, and
awarded the profertv to the custody and disposal
of the Board of Tide Land Commissioners as lands
held bv the State bv the original title of sovereignty.
I have thus suggested the tenure by which the
State holds the tide lands, in order to give a clear
idea of the power of the Legislature over them, and
of the propriety of distinct and complete enact
ments tor their disposal.
The Tide Land Act passed two vears ago is very
defective. Its force is limited to land abutting or
in.,.!. v nvcinjiiucui.c upon mis Riirncvnt i
limit ithniiiS V . sioiuusmi mis ciate. ltas
siiTte ihmnn extonieJ -o lands within the
ai?d uwv iff orrui? upon the Pacific Ocean
betwe 1, 1 te coiiUuent thereto, and lying
t2 nheo,'k and flow of tho tide.
embodvhii ,ie aet1.al) requires careful revision,
Soil nno?-6 exM authority for the Board of
toeSlaudS Commiss'oers to make disposal of
TnE FIVE I'KR CENT FI ND.
nf CAn .V V. . 0 u"uvl iio isioiis 01 me
OI Congress of Felimjirv 1.1 ,,0 ,,-.,
gon into the Union, is fcaTi& fii ' s
the 2 rf --"iS,no-1 Tasc U was statcd that
ine sum Ot .424 2.. helon. n.r ,.;.,
bo,1 I .
tof lr'lwu by tJ,e former Secretary of
tht . 11 ,JL'eu instituted, on the part of
the f-tate. against tli. lt.. s;,., . :
on his official bonds, to recover "all moiievs on
v.voui.i oi mi en that officer was in default. A
nnal judgment has Wen recovered in the premises
amounting to the sum of S10.55S 91. for which exe
cution is row out against said sureties. It is prob
able that the w hole amount Vl ill lu. i.irl inM thu
;tate Treasury. This w ill in. In,!.. tii. si,i rh-.. tvr
Cent. 1- und default of 5,424 2-5. and will restore the
fund complete. The accumulations into this fund
will continue until sales of the public lands within
the State shall cease.
Ihus for the account of this fund rendered to the
State, by the Leoartinent of the Interior, has in
cluded the sales only made for cash. It has been
urged by several States, interested in like manner
as our own. that a percentage of all lands disposed
of lor a consideration should be included in the
account of sales. The State of Iowa has made a
special effort before the Commissioner ot the Gen
eral Lund Office to secure a ruling to this etlect
upon existing law, but thus far without success It
would appear but just, alter having x'edged to the
several new states five ier cent, of "the net proceeds
of sales of all the public lands within their borders,
for the purpose of Internal Improvements,, that in
all ca-ses where the public lands mentioned have
been disposed of for a consideration to the United
States, not immediately beneficial to the state, as in
case of soldiers Uoi.nty Lands, Agricultural Col
lege Land scrip from other States, permanent In
dian Reservations and like permanent disposals of
tho public domain, the tive per centum allowance
should be made to the State on their minimum
value.
A proper presentation of this suhieet by memo
rial of the Legislature to Congress might "facilitate
the passage ot an act recognizing the just right of
this State to be allowed live per centum of the net
proceeds of all public lands disposed of within her
borders wherein the State was not interested.
COMMON SCHOOL FrM).
Trn. Trrsn.l n.alrt Ciiiimitii GsV,,,,! 1.tiy1 ori.inri.
from the sales of tlie sixteenth and thirty-sixth sec
tions in eacn township ot the public lands, and
from those taken in lieu thereof, had reached two
years ago, the sum ot S 150.000. The sales of the
Oil hi lC hi lldv of tint S; lo tik ri n I-.. ImAli t.1. .ir j I oritur 11 w.
last two years, owing to the stringency of the money
market during that period. But a fair progress has
been had in these sales, indicating a healthy growth
of the state, and steady increase in the Common
School Fund. The whole fund now in tho hands
01 uie itoara 01 ?cnooi f.and commissioners and ot
me iocai agents 01 tne iso&ru m tne several coun
ties, amounts to the sum of Solii ti(; .jc,.
In relation to the management of this fund, I re
peat my recommendation Of two years ago, which
T ivs IIS lOUOWS .
The rtioL.nf wort- r f fli nnnrl i e.vnTlinrv tl.rt
amount rif j..liwut;.-.n.il fii.io . . ; .. . .
- ..tuiunuimi 1111111.1 I'r ti ou,i TC 01 V
that more complete proviMon khould be made f r
t ihil b..t.F 3 . -.1. 1 . 1 .
.. iwiwuj anu vuumn ui iiinu.i m uie iiaiia.S OI
local agents, and particularly in reference to the
COlloPt.irm iinrl return rf itii.n.t f. . 1 1 .n ; .i
--- s- v v I. IUIV 1 V. L 1 ' I lliritl 1 MllUOll iu
the schools. Local agents should be requ red to
give bonds to the Board for the safe custody of the
"o"s- in uicir iiiiiKiM. ana ior 1110 iauiaui per-
loriiiauce 01 ineir ollicial trusts.
UNI V Kits IT Y Ff.NP.
The total grant of public lands to the State for the
support of a University is 4i.oso acres. Oi" this
amount there have been sold by deed and bond.
10.fo5.55 acres. There consequently remain unsold.
26,17-1.45 acres.
AfiUICfl.TFft.VL COI.I.KOK FIND.
Tlio fim.l lii.v 1..,.,.,.. . . r . .1. .
--. ....... ju.-i uiiiii 10 LUriuillllUiir iol 1:1c
reason that it has been but a short time since the
lands hclom'iii" to tin's fim.l ..r.. .. ...... 1 ,., , 1
General Land Oilice. There have been but 57 02 loo
acres deeded and 4ni acres bonded. The fund aris
ing therefrom is S1.N44 SO.
LITIOANT LAW.
The enactment of tln tm- f..r ilm ,,r-..i..t;... ,.r
litigants, by the Legislative Assembly of INTO, has
given rise to much discussion':; to the necessity and
Tilf.l.ll..l.. .1. . . r... .
i""i"'. 01 uie -ici. 1 nere are manifest good
reasons why there should 1
authorized to publish ull legal advertisements, and
in;ii uie uues 01 pui.heitttoii should be fixed bv law.
I wo years ago a bill was passed regaling tin's Act,
but the repealing bill w as vetoed on the ground that
the original Act, requiring a s'eilic undertaking to
do the litigant oublisl 1 i Hir : :nii iiiun t)n filiiw (tr
such undertaking, the statute declared that the pub
lisher should hold the privilege during the term of
tot- n-ioiiiuiig power, neennng that this created a
vested franchise for the term named. I declined to
approve the bill. But the term specified in the Act
having expired, the Act is now subject to repeal.
roKTLASU 1-oLICE LAW.
The best method of governing American cities is
an unsolved problem. Great abuses have been suf
fered, both in gvncral management and in the ad
ministration of Police Hel.iirtiii. iits T. 1 r ....
evident necessity, four years ago a law was passed
.. mj i.i-Kisi.tiure reorganizing- trie 1'ollee Mepart
meiit of the citv of Portland. In tl ie new svsti.iii tli.
Governor of the Stale is required to npiioi.it three
1 once oiiuinssioners. w ho have full control of the
subordinate organization and working of the Police
force. This law is in contravention of the general
principle of local self-iroverninent mid shon'd l.e
changed as soon as practicable. I think the time
lias arrived when the change can safely be made.
Peace and good order have been maintained in
Portland since the adoption of the present system.
No Change should lie made without m iking tlie Po
lice force responsible to some controliin-' .oitlw.rirv
otherwise it w ill be ineffective and injurious to tlie
citv.
Governor Hoffman, of New York, who bad meat
opportunities of observation, remarking u)xu the
Socniiiieiii 01 me city 01 .New li.rk, said in Ins an
nual message of 1S72: " No g.M.d government ctai
be Secured to any ereHl rile unless i si, ,.11 ,.,,..
responsible head, in w hom'shall be vested ail execu
tive iower, and to whom, as the elected representa
tive of the people, all departments charged with ex
ecutive duties shall bo directly and summarily re
sponsible and accountable."
I recommend that the Portland Poliee I.nw be so
amended as to make the Mayor the responsible head
of the Police system of the citv.
THF. CODK.
It is customary in other States, ami has been the
prac'ice in this State to provide by law for a compi
lation of the statutes, at least once in ten years.
Such a compilation has been made in pursuance of
the Act of last Assembly providing " for collecting,
compiling and printing the laws of Oregon," ap
proved October is.72. Upon tlie completion of
tlie work by the Commissioners, and after its exam
ination by the Governor and Secretary of State, and
its acceptance by the Governor us required by the
statute, the State Printer appeared and demanded
the manuscript compilation for printing. The Act
referred to required the Governor to advertise the
work of printing and binding, and to lot the same
to the lowest bidder, and to contract w ith such for
the doing of the work.
The State Printer insisted that he was entitled to
do the printing, notwithstanding this provision of
law. on the ground that by the 1st Section of Arti
cle 12. of our State Constitution, it is provided that
tlie State Printer '-shall perform all the public print
ing for the State, which may be provided by law."
Deeming it my province to execute the laws as I
find them upon the statute book. I declined to de
liver the manuscript to the Public Printer, but pro
posed to advertise for the printing, as by said Act
directed. At this juncture a proceeding ol manda
mus was instituted by the State Printer before Asso
ciate Justice (now chief Justice) ISonham, asking
an order that the Governor deliver laid copy to
him, the State Printer, to be printed.
The Governor accepted service, and agreed to a
stipulation of facts, and that the court should de
termine the law. On full consideration of the sub
ject, on the 'Ji'ith day of January last, the following
conclusion was reached and made of record in the
ease :
" The court finds that the ar t of the Legislative
Assembly, approved October 1J, 1S7 . entitled an act
for collecting, compiling and printing the laws of
Oregon, so far as the same requires the Governor to
let the printing of the law s therein provided for to
the lowest bidder, is in contravention of Section
one of Article twelve of the Constitution of this
State, and so much thereof as void. Therefore, it is
ordered and adjudged by the court that the plain
tiff herein is lawfully entitled to the possession of
me manuscript or an auineiiticated copy thereof,
of such compiled laws, for the purpose of printing
the same as required by the Constitution of this
State."
Upon this adjudication, which was consonant
with the views ot the compiling commissioners, the
manuscript w as delivered to the State Printer to be
printed.
The binding was advertised and let to bo done by
the lowest bidder, at one dollar and fifteen cents
per volume; a price much lower than any public
work of the kind has ever been before done in this
State.
The three thousand volumes required bv the Act
to be printed have been completed and bound,
forming a compact volume of ;i22 pages. The work
was carefully executed under the pesonal sujer
vision of Judge Matthew P. Bendy, one of the Com
missioners, and is of intrinsic value to the State
and to the legal profession.
The State Printer has not allowed the publishing
of any copies of this Code, except the number au
thorized bv law. so that the State can derive the full
benefit of the sale of the work.
The cost of Code printing by theStatePrinterwill,
I am informed, be about eighteen thousand dollars.
The rates of sale of this work should be fixed by
law at a price which will reimburse the State for
the expenditure.
An impression has prevailed to some extent that
the decision of the court pronouncing one clause of
the recited Act to be void, annuls tlie whole Act
This is an error. Tlie body of the Act is as valid,
and as operative, as though the condemned clause
had never been inserted therein.
BOARD OF SCHOOL LAND COMMISSIONERS.
The lalwrs of the Board of School Land Commis
sioners have been continued with ciUcicncy. This
Board is constituted directly by provision of the
State Constitution, and is composed of the Govern
or, Secretary of State and State Treasurer, and
charged with the duty of selling the School and
University LfttnLs and investing the funds arising
therefrom. By section six of the act of October 2s,
1868. regulating the sale of these hauls and provid
ing for the management of these funds, it is enacted
" that the Board of School Land Commissioners
shall pay over all moneys now in their hands, or
that may arise from the sale of said School and Uni
versity Lands to the County Treasurers of the coun
ties in which the lands are located and shall be
loaned by said Treasurers." etc., etc.
This section came under the adjudication of the
Supreme Court of this State, at its present session,
and was held by the court to be void for the reason
that it was in direct conflict with section 5 of Article
VIII. of the Constitution, which devolves upon the
of the'er moun' derived from the five per cent,
within t V
Act c
Board of School Land Commissioners, solely, the
duties here specified to be done by County Treas
urers. The Code Commissioners have arrived at
the same conclusion, and have so ttated in a note to
Uie text of the new Code.
Anticipating such a result whenever the question
should be raised, the Board has uniformly required
all transactions by ('aunty Treasurers, touching
these funds, to be ill the name of the Board, so that
the State might not suffer for the want of proper
and sufficient securities, and yet an effort has been
made to carry out the letter aud spirit of this un
constitutional section of said Act as near as circum
stances would permit.
I would recommend that an Act be passed pro
viding for agents in the several counties, to be ap
pointed bv the Board, who tshould act under its di
rection. "Bonds should be required for the faithful
performance of duties, and compensation be pro
vided fyr services.
This interest is too grave a one to be lightly or in-
considerately disposed of. The report ofthe Board,
showing specifically the amount of land sold and
bonded, and the name of each purchaser, and mi
nutely all its transactions for the past two years,
prepared by the Clerk. Thomas 1L Caim. is'here
with submitted. The Board has held monthly ses
sions to hear and determine all conilicts of right be
tween applicants for land, and between settlers
claiming the same laud. Full records have been
kept of all proceedings, as in a court of record, and
duplicate originals have been preserved, in bound
volumes, of all deeds executed.
As the extra duties of segregating and disposing
of tlie swamp lands, and of tne tide lands, as well
.is other duties, have been also devolved ujmjii this
Board by statute, in addition to the duties created
by the Constitution, it is probably the most labori
ous organization in the Stato The w ork done bv
the Board of School Land Commissioners in Oregon
is done in other States by Surveyor General. State
Land Oilice, Board of Swamp Lau 1 Commissioners,
Tide Land Commissioners, and Schoel Fund Com
missioners all separate anddistinct officers, having
compensation as such.
It has been found necessary to emplov a Record
ing Clerk of this Board, under authority of section
12 of the Act of October 2S. lsiVS, and the special
provision of the law of last session making appro
priation for that purpose.
Vreviously to lW the members of this Board
were eompen sated tor their services at tne rate of
four hundred dollars per annum. The provision
making this allowance was repealed at the session
of that year, for the reason that the Board was in
operative. All the arrearages of work have been
brought upduring the post four years, together with
the multiplied duties of that period, in addition to
the legitimate duties of the chief offices of the
State; and all without compensation as a Board.
SALMON FISHEKIKS.
The salmon fisheries of the Columbia river are as
suming such importance that I take occasion to call
your attention to the subject. The product of these
fisheries was scarcely noticeable four years ago, but
last year it approximated one million dollars in ex
loit value, and for the season of ls.71 exceeds a
million and a half.
This river, bearing to the ocean a volume of water
hardly less than that of the Mississippi, pure. cool,
and generally unobstructed by ice in its lower ex
tent at all seasons, is doubtless the best salmon pro
ducing river in the world. We have been accus
tomed to think that this fish product was inexhaus
tible. But the river lisheries of all countries, where
the laws have not intervened for their preservation
have one uniform history lirst, decimation, then
destruction.
The rivers of the northeast coast of thc.Vmericau
continent were at an early date in our history, rela
tively as well supplied wich this imperial food-fish
as tlie rivers of the northwest coast are now. But
through want of public attention, by overjfishing
and unseasonable fishing, and by the obstruction of
streams with mill dams, having no fish ladders for
the ascent of fish, the salmon has become almost
unknown in all the rivers of New England, and
totally gone from many of them.
At one time the salmon frequented all the rivers
of Great Britain, but have been driven out of many
of them by the turbid, poison waters from the sew
ers of manufacturing towns.
Bv the construction of fish-ways and by stringent
regulations of law limiting fishing to certain sea
sons of the year, days of the week and hours of
the day, in which it shall be lawful to take fish, the
run of salmon, once much diminished, has of late
years been increased in several of the rivers of
Scotland and Ireland.
The i-had of tiie Middle States, a fish which, like
the salmon, makes its annual incursions from the
sea, lias been lost to several rivets once filled with
their roving millions. They were destroyed by reck
less fishing, and cut oil' from their spawning grounds
by mill dams. A lively interest is now manifested
throughout the States bordering on the Atlantic
sea-board, seeking by fish culture, not only to re.
cover lost fisheries, but to create new ones, and to
introduce species of fish valuable for food, not be
fore known in those waters.
In Oregon weliave, fn abundance, two of the best
river fishes in the world, the salmon and the trout.
To preserve these is worthy of careful legislative
enactments.
Salmon fishery constitutes an interest of so much
importance that no action should be taken upon it
without a complete knowledge of what action is
demanded, and a clear conception of the public
good in the premises. I therefore recommend the
establishment of a fch commission to be composed
of prominent and competent citizens, who w ill be
w illing to serve w ithout compensation, aud who
will consider the whole subject and reiort their
view s upon it to the next legislative Assembly.
As the Columbia river forms a common boundary
betw een the State of Oregon ami Washington Terri
tory, and is subject to the concurrent jurisdiction of
both, tiie commission- should be authorized to cor
respond with the authorities of the Territory of
Washington, in order that whatever legislation may
be had 0:1 the subject, may become the law of both
jurisdictions.
1 lie salmon p.. is seldom frequented tlie waters 01
the upi. r Willamette river, not being able to pass
the falls at Irogoii City. It was anticipated that the
salmon would pass to the upper Willamette through
trie canal and loeks lately con traded at those falls
for the purpose f navigation, but it is ascertained
that the lisii will not follow Mack water channels,
and consequently w ill not present hirr-self at the
gates ofthese locks. Vet the upper Willamette riv
er, 011 account of its smooth and pure waters, and
its milder temperature is thought by the observant
to ' the best home for young fish ofall the tributa
ries of tho Columbia. If the salmon could pass the
fullsofthe Willamette without injury, the result
would be a great b.e-siug lo the people of ihe Wil
lamette Valley, as well as a great addition to the
spawning grounds tributary lo the Columbia fish-
t ries.
The salmon readily ascend the fish-way in Scot
land and 1 rcland. I would therefore suggest, that
in eiio that the fi-h commission is authorized, that
the Board be charged with the duty of examining
whether or not a fish-way could be constructed at
the falls of the Willamette at limited exense. to
meet the end referred to.
I LOT AO E ANU TOWAOF. ON THF. COI.fMBIA ANU W1L
I.AMKTTF. RIVKKS.
YourVvecial attention is called to tke necessity of
more suitable and certain regulations of pilotage
and towage on the Columbia and Willamette rivers.
It is most inijMfrtant to our rapidly increasing c- m
merce that these regulations should be jut, discrim
inating and clheient.
HAKltoK MASTF.I1S.
The number of foreign ve-sels destined to arrive
in ballast, ut the ports of Portland and Astoria, for
the purpose of transporting the surplus products of
this .-state, suggests tlie necessity of enactments pro
viding for the regulation of these harbors, and the
appointment of iiarbor-masters. No considerable
compensation will be necessary.
KEI'IIKSKNTATIVF. FROM CLAT.SOl" COUNTY.
The people of Clatsop County have elected a Bep
resentative to ihe present Assembly w ithout author
ity of the last lieneral Apportionment Law. It is
claimed, in this case, that the County was districted I
with 'lillamook County in the election of t Repre
sentative, while she whs entitled, under the rates
established in the late apportionment law, to a Rep
resentative alone. Justice should be done in the
premises.
rEMTF.NTIF.RY.
I call your special attention to the interesting and
lueiil report ot the Superintendent of the Peniten
tiary. All the detailed workings of this institution
arc set forth with care and faithfulness.
Our State Prison, during the past four years, has
I een brought up to a much higher standard of dis
cipline and productive industry than was at first
anticipated. Four years ago the State was without a
tcnantable prison. The prison grounds were unim
proved and undrained. Portions of the premises,
having ben subject to overflow, and remaining at
seasons wet, were unhealthy. The prison farm, con
sisting of one hundred and fifty-seven acres, has
been drained, cleared of brush and worthless trees,
fenced and reduced to cultivation. A new prison
has been built, complete in all its appointments,
and so substantially constructed that it will stand
for centuries.
A water power of immense capacity has been cre
ated almost wholly by the employment of prison
labor, the value of which in the luture employment
of mechanical prison industry can hardly bo esti
mated. This water power has been so thoroughly
and scientifically constructed that it is not liable to
future damage by flood or time. The canal is of
earthwork ot uniform grade through a clay subsoil
It crosses but one depression requiring a culvert,
which is passed upon an arch of masonry, the uni
form earth embankments being kept tip. The old
wooden prison buildiK-gs have been utilized as work
shops.
The efficient management of the Superintendent,
m. II. atkaids, fcssq., is worthy ol high commen
dation. Tho care of the health and morals of the
orisoners. the success shown in securiiur to the State
cheerful and productive labor, the evident progress
made in reformatory discipline an prove the compe
tent and 1 hi tli t u 1 public oiliccr.
The subject of prison reform has a broader bear
ing aud a wider interest than is generally supposed.
Many become interested in its progress and hok up
on the result with the single view of its effects niton
the unfortunate prisoner alone. But the welfare of
the State is affected in several aspects of the case.
Society must receive to its bosom all discharged
convicts. Io they come as persons capable of be
ginning new lives and of becoming industrious
citizens? Or do they come as hardened criminals,
to return again to a li'fe of crime? If the former, the
State gains a productive member of its body, not to
be a public expense, but to assist in bearing the
common burden. If the latter, the released convict
again becomes a prey upon society aud his road
leads back to prison", there to be a tax ujkhi the
State.
In leading prisons, in the older States, where
special measures of reform have not yet !ecn adopt
ed, the projortion of discharged convicts, who re
turn to prison life, is- staled to be from 70 to 'JO per
cent. During the last four years in our x.-iiitentiary
the proportion of returns has not reached 4 per cent.
The exact number of discharged prisoners, during
that period, has been one hundred and seventy
nine, and the number who, after discharge, have
been convicted of crime and resentenced has been
but six.
The Superintendent reports but one convict now at
large, by escape, since his. suiKTiittendeiicy, and that
no escapes have taken place within the last two
years. This is remarkable in view of tlie fact that
convict labor has often been employed outride of
prison bounds.
To the credit of the women of Oregon I take occa
sion to remark that during the Executive term of
four years just elapsed, there has been but one fe
male inmate of our State Prison, and that of the one
hundred and thirteen convicts now in our Peniten
tiary, not one is a wouiau.
I join in the recommendations of the Superintend
ent s report, and desire to call attention to that por
tion of the report which refers to leasing convict
labor. The time has arrived when action must be
had upon this subject. After years of trial in the
older states the sy.-tem now ado'pted in the best reg
ulated prisons is that of leasing to contractors the
labor of the prisoners, in numbers to suit the classes
of business in which they are to be employed, at a
certain per diem rate, the Mate furnishing shops for
mechanical labor, with the pover, and tl main
line of shafting connected with the power, tlie State
reserving its control of the prisoners-, and their sup
lort and discipline.
No important manufacturing interest can be es
tablished at the Penitentiary by contract for lalior
unless there is special authority "of law for long-time
contracts.
The preparation of fiax for foreign shipment has
been introduced as n oxpcrimeii . and has proved
11 success; so much so that the parties engaged in
the business desire to engage the labor of a number
of convicts on long-lease, for the prosecution of this
imixjrtar.t branch of industry, for the first time in
troduced into Oregon last year, at the prison. I
specially commend this enterprise to your consider
ation. Many other branches of manufactures mentioned
in tne superintendent s report can at once be intro
report
d leases
duced in case continue
of labor be author-
ized
The compensation of the Superintendent is, with
out doubt, low, when taking into consideration the
valuable and lesponsible services performed bv
him.
The reports of the Penitentiary Building Commis-
sioncrs, show ing the Recounts of the final comple
tion of the buddings, and the expenditure of the
appropriation, accompanies the Superintendent's
report: also the report of the Prism chaplain. Ir.
C H Hall, and of the Prison Librarian. Dr. E. It.
Fiske. Those gentlemen have labored for the good
of the pr soiiers devotedly and without compensa
tion, in thet:u, missionary spirit, Thesuggestionsin
their reports an- worthy of consideration by the As
sembly. Under the care of the Prison Physician, Dr. A. M.
Belt, whose report a'so accompauiVs that of the Su
perintendent, the health of tho prison has been re
markably good Ihe Physician says: -The pris
oners have been nearly exempt from the evil effects
of solitary vices that are so common in prisons.
This is due largely to the excellent rules of the in
stitution, securing w holesome diet and regularity of
labor, exercise and rest.''
It is befitting here that I pay a tribute to the
memory of one who, from the establishment of the
Penitentiary at the seat of government lo the time
of his death (which occurred since your last meet
ing), was its voluntary chaplain, 'fhe Rev. Alvan
F. Waller, one of" the earliest missionaries of Uie
Methodist Episcopal Church in Oregon, for more
than thirty years witnessed the progress of this new
community first the colony ; then the Provisional
Government; then the organization of the Territo
rial form under the United States; ami. afterwards,
the suite. Through all these stages of successive de
velopment lie has left the impress of a strong mind
and a ceaseless energy uikiu the landmarks of our
pn igress.
lie took the greatest interest in. and gave most
valuable assistance to, tlie later ellbrts at prison re
form, ln the words of the Superintendent's report,
"He visited the prison through sunshine and storm
alike the prisoners during health and sickness,
and followed their remains to their last resting
iiiace. giving them the benefits of Christian sepul
ture without pay or expected earthly rew ard." lie
rests well whoso work is well dwiie.
HOsriTAL FOR THE INSANIt.
The report of the Superintendent of the Hospital
for the Insane is herewith submitted. lr. J. C.
Haw thorne, the Superintenaiout. has boon connect
ed with the care of the insane in this State ever
since the first establishment of a state Asylum,
twelve years ago.
The institution during the past two years lias been
conducted w ith the .same care and humane treat
ment, and w ith equal success in the recovery of un
fortunate sufferers from insanity. The whole num
ber of patients now in the hospital is 1 .':' public,
and 2 private. Of these 1 10 are males, and ."ware
females. The report is full and instructive, und is
worthy of careful consideration. It is but justice to
the Superintendent to say that his management of
this institution is a high credit to Oregon. The
contract of the last four years lias expired, ami it
w ill be the duty of the Legislature to make further
provision for keeping our insane.
In making new- engagements it will hardly be
necessary to suggest that a spirit of enlightened hu
manity s"hiuld assist in the disposal ot ihe subject.
'I he'report of the Visiting i'iiysiciaii. Dr. Andrew
I). Ellis, replete with interesting details, is also sub
mit&ed. TARPONS.
As required by statute, a report of pardons granted
during the biennial period just closed, together with
the reatons for such pardons, is herewith furnished
for the in formation of your Honorable body. A less
number have L-oeii granted iu proportion to the
number of prisoners than during any like period
heretofore. I have sought to examine and act upon
each cose presented with impartiality ami w ith an
effort to execute the trust which I hold for society,
with faithfulness. By a moderate exercise of the
pardoning power, and by encouraging prisoners to
shorten the term of their imprisonment by merit
marks, under the statute, for good conduct and ex
tra work, a better discipline is maintained.
THE M0POC INP1AN WAR.
On the first of December, ls7', the country was
startled by the news that the Modoc Indians bring
ing to the Klamath Indian Agency had risen in arms
and fallen upon the unprotected ami uususpecting
settlements on Lost river, and had, en the i'ili and
oOth of November, ruthlessly murdered eighteen un
offending citizens, pillaged their property, and
committed their dwellings to tiames. There were
no available United stales troops within succoring
distance of the scattercii and dismayed neighbor
hoods of the Lake Basini By telegram the Govern
or was petitioned for immediate relief and protec
tion. The duty of the moment seemed imperative,
and orders were at once given tor the mustering of
a company of mounted volunteers in Jackson coun
ty, and Joint E. Ross was commissioned as Brigadier
General of tho First Brigade of tlie Oregon
Militia, and directed to move at once to
the scene of distress, to report what force
was required, and to do what humanity and the
duty of the State demanded. This force reached
the 'field of the massacre eight daysbwforo any other
military assistance arrived, and engaged itself in
burying the dead and in oilices of mercy to the sur
vivors. This was the initiation of the Oregon Volunteer
Service in the Modoc Indian war of 1S72 and 1S7;',,
which, during the checkered fortunes of Indian
hostilities in southern Oregon, during those years,
employed live companies in all.
At the request of the Secretary of War I made a
full and detailed report of this service with its ini
tiatory history, to Major General J. M. Schofield, com
mand'ing the'Military Division of the Pacific, under
date of February i:,"lS71, a copy of w hich is here
with submitted." 1 also submit the otlieial roiorts
of Major Gen John F. Miller and of Brigadier Gen.
John E. Ross, of the'rcgon State Militia, touching
operations in the field during this service.
At the last session of Congress our delegation there
procured the passage of an Act virtually assuming
the expenses of the State incurred in this service;
and. during the month of July last. Inspector Gen
eral James A. Hardie, of the United states Army,
under instructions of tlie Secretary of War. visited
Oregon to examine and report upon the uceounts,
engendered in the support of these volunteer troops.
There are good grounds lor expecting that a la
vorable report will be made. The whole amount of
the first and second services, as reported to lieneral
Schoheld, is Sl."0.7JS. I think it hut just that those
who have mustered into military service at a time
of emergency, and have furnished property forsueh
service, should have the guarantee of the State for
their compensation.
I desire especially to present the case of the vol
unteers who were promised, by their officers, and
by theKxecutive the exertion "of their influence to
secure to them the pay of .two dollars per day for
their services. This rate of pay has been entered
upon the muster rolls, it is extremely doubtful
whether this rate will be allowed by Congress,
though most just, under thi? circumstances. The
State should make good the full pay ofthese volun
teers. All honor is due to the officers ami men of this
service. In the w inter months, in a mountainous
district, where storms are severe, they served with
out tents and often short of blankets and rations,
for the reason that on so sudden emergency, such
could pot be supplied.- Their services were valu
able to the State and to the United States and tended
srreatlv to assist ill closing the war.
It is befitting that I take this occasion, thus pub
licly, to acknowledge, on behalf of the state of Ore
gon", the distinguished services of Brevet Major lien
eral Jefferson C Davis, of the Army of the United
States, for his brilliant and decisive conduct in
closing the Modoc Indian war. To General Frank
Wheiuon, and the officers who served under him.
our acknowledgments are due ior their gallant and
soldierly services from the first, and tor their gener
ous conduct toward the Oregon Volunteers. A reso
lution of thanks would not be inappropriate, in the
premises, as the peace of our entire eastern frontier
was involved in the success of the Modoc cam
paigns.
As to the Modoc outlaws who committed the mas
sacres of the --nth ami yoth of November. ls.7'J, and
who now stand indicted lor murder in Jackson
county, they were taken out of tlie jurisdiction of
this State bv force, unner me oireci oruer 01 in
Prnsldnt oV the United States Thev are now l'n
gitives from the justice of this State. As soon as the
unlawful detention ceases, tney are naoie 10 oe re
turned on the requisition of the Governor of Ore
gon, and to be submitted to trial and punishment
uccordmg to law .
The claims of our citizens in Southeastern Ore
gon, whose property was destroyed by the savages
attire time of the "massacre, are most just. These
settlers had no part 111 the cause ol the Hostilities
and were all innocent of offense towa'dthe MoJocs.
A memorial of the Assembly setting forth in a clear
light public opinion here on tins siiojeci migni
assist our representatives in Congress iu their efforts
for an appropriation to cover these claims.
WALLOWA VALLEY.
Joseph's band of Nez Perce Indians, after having
joined the general tribe of Nez Pcrces in the treaty
of 1S.V), disrxjsing of all their lands except a reser
vation on which they agreed to live, refused last
year to abide by the terms of a subsequent stipula
tion made by the tribe to retire wholly from Oregon
During the Modoc war Joseph's band was on the
eve of an outbreak to assert us right to the Wallowa
lands formerly released by the tribe. These lands
have been surveyed by the United states ami opened
for settlement. Many of our citizens had settled
there. As a peace measure the President of the
United States made an executive order setting aside
these lands as an Indian reservation. The Indian
Department caused the property of the settlers to
be assessed with a view to their removal. At this
juncture 1 transmitted to the Secretary of the In
terior a communicnti 11 reciting tlie full history
of the treaties in controversy, asserting the right of
this State to the jurisdiction of these lands and the
rights of our citizens to their farms and proi-erty in
the Wallowa regions, and gravely protesting against
the steps being taken by the General Government
as unauthorized by law. Senator Kelly and the late
Representative Wilson had tiled their protests in the
premises also.
It is now indicated that the executive order of the
President will not be enforced, but that the lands
will be considered open for settlement. A military
force has been lately stationed in the valley to pre
serve peace with the Indians. This region is one of
the most valuable yarts of Oregon for grazing pur
pose's. A copy of my communication ou this sub-
cct to the Secretary of the Interior, bearing date
July "21, 1S73, is herewith submitted.
STATE FRINTINO.
The Constitution ha the following provision con
cern ing the State Printer: "'He shall perform all
the public printing for the State which may be pro
vided by law. The rat-s to be paid to him for such
printing shall be lixed by law, and shall neither be
increased nor diminished during the term for which m
he shall have been elected." You will perceive by
this that you eannot legislate lyr-on the rates of
printing to be done by the prestsrft State Printer
during his term, but a carefully considered Printing
Act for the future might be'matured and passed.
I11 such an Act distinct provisions should be incor
porated denning what work shall be doue by a
retiring State Printer at the close of his term, and
what work shall be done by the new incumbent, as
this has become a subject of standing controversy
under the present law.
" EQUALIZATION.
It is a Constitutional provision (Article 9, Section
1) that '-the Legislative Assembly shaa provide by
law for a uniform and equal rate of assessment and
taxation, and shall prescribe such regulations as
shall secure a just valuation for taxation of all
property, both real and personal. This undoubtedly
contemplates a system of general equalization.
There is positive public wrong, as well as unfaith
fulness to the Constitution, in allowing a leading
class of property like cattle to be assessed in the
different counties at widely different rates, varying
from Ss to S21 per head average, and railroad fines
of equal value, from S:5,i to S3.000 per mile, as
appeared by the tax rolls of last vear.
The work of the Board of Equalization, organized
under the Equalization Act of two years agchaving
boon affected by a judicial decision, w as not enforc
ed. The members of Uie Board have resignedj.
To secure equality and justice in the u-ssessment
and collection of taxes has been a troublesome mat
ter in all the States. A satisfactory sjjtem is diffi
cult to arrive at. Our present tax "laws lack system
an. I should be reformed. The defects in forme
Acts, pointed out in my hist biennial message, were
not remedied by the legislation of two years ago.
I herew ith lay before you the reports of the lioard
of equalization which discuss the whole subject
ably und fully.
STATE CA TITOL.
In the construction of the State Capitol, of the ap
propriation of SloO.noO there has boon exj-ended the
sum of S'jv 'yd. This sum has been naid in rash, a
the work progressed, from moneys set aside for that
purpose from the Militarv Fund There are. in the
Commissioners' hands, materials ( chief. v iron, tools
and necessary articles!, paid for, the "amount of
Si-j-jys -in.
There have been applied also, in construction of
the building, convict labor, brick and other mate
rials from the Penitentiary, the amount of ?-Jr.i3 SO.
The cost of the work now"in jlace is SllO.s; o.
The work done is within the original estimates of
cost, which is very unusual in buildings of this
kind. The foundation, which is massive, is of ba
saltic rock, embedded in a substratum of indurated
day. and laid in hydraulic cement The whole
foundation, work is sulKlmined bv dooplv covered
ditches, relieving it entirely from possibility of be
ing affected by our rainv season. The balance of
the work is in sight, and "will seak for itM-lf. both
as to phm ami architectural style, which. I think,
will challenge your approval. The standing walls
should be carried up 10 an even line this season,
and securely covered before w inter.
Tlie Commissioners w ill lay before vou. with their
rofort, an estimate prepared "bv tlie architects, show
ing the cost of" enclosing the building and finishing
so much i f it as will furnish convenient room for
public occupancy, leaving the main tower, the ,
south w ing and tho basement storv to be completed
at a future day. when the State is older and our pop- ,
iihiti-.m larger. Less than the sum already expend
ed will accomplish this. The skill. conscientious dili
gence and success of the Commissioners deserve
commendation. The architects have given siiccial
attention to this work, and the structure is sutlicient
evidence of their architectural accomplishments'.
GKoLOOY.
The preliminary re)rt of the State Geologist,
Professor Thomas Condon, is respectful !v .submitted
to your consideration. An outline of tlie remark
able features of the geologv i Oregon is here rre
sented, showing our Mate to be a field not only of
thedecjH-st interest to general geological science,
but one w hich will -probably develop great wealth
in gold, silver, iron, lead, coal and lime. It is al
ready becoming apparent that the southeast quarter
of Oregon, bordering 0:1 Nevada, v. inch is vet un
settled, m::y prove to Ik.- as rich in mines of silver
and gold as our sister Suite. I commend the sug
gestions made in this report to voiir favorable
notice.
ACKICVLTCRAL C0LLKGE.
The Agricultural College has been evidently con
ducted with great effort to reach the objects of its
organization.
The corps of instructors is composed of gentle
men of high attainments iu science and of success-
ful experience as educators. I hope the Assembly
will provide means lor sustaining this valuablo in
stitution until the lands granted bv Congress for its
support can be made available for that purpose.
The reports of the President and Professors of the
College are herewith laid before you.
STATE I'NIVEItSITY.
Pursuant to the Act of last session of the Legisla-
tive Assembly, locating tlie State University at .Eu
gene City, a building destined for the occupancy of
this iast tutioii has been elected and inclosed, but
nut finished inside. The structure is a substantial
brick building, three stories high and well calcu
lated for the purpose designed.
The University endowment accumulating from
the Congressional Land grant, will reach one hun
dred thousand dollars within a few years, and I am
informed that there is also a donation of property
of the value of twenty-five thousand dollars more
from a private citizen, contingent only uon a sue
cessful and permanent oFimi&tiou of this institu;
tion at Fugeiie City. 1 recommend tha- reasonable
further time be given to complete this building, iu
full compliance with the terms of said Act.
INSTITUTIONS FOU MITES AND THE IIK1ND.
The schools established for mutes and the blind
have been successfully conducted. I lay before you
very full ami interesting reports of the "superinten
dents' and teachers of these institutions, also reports
of the Board of School Land Commissioners and
the Board of Kducation, giving full details of the
management and tiscal accounts of the same. The
Private Secretary of the Governor. Hon. Henry H.
Gilfry, has. during the last two years, devoted much
orsonal attention to the general interests ofthese
schools, and has made all the purchases of supplies
and disbursed ail the moneys in detail forthar cur
rent support, free of charge" in addition to the full
performance of his own ollicial duties. .
COilMON schools.
The suK?riutendeut :f Public Instruction will lay
before you a rejxirt of his conduct of that office
since its creation. p
The duties of the Superintendent have been faith
fully discharged, and the diilii-ulliesof organization
under a new law have been overcome with a good
degree of success.
'Ihe Hoard of school Land Commissioners should
be enabled, w ith more certainty, to collect the in
terest on the Irreducible Common School Fund, to
le used iu the current supiort of schools.
IMMIGRATION".
I have been in receipt of valuable communica
tions and papers touching the subject of immigra
tion. Several plans are proposed 1or the assistance
of emigrants who desire to become citizens of Ore
gon. I iic state of our puolic finances will not admit ot
the expenditure of a large sum of money in this
inteiesi, however desirable. We need lobulation,
but it will be certainly w ise to act within our re
sources of revenue. A commission of emigration.
consisting of prominent citizens who would serve
without compensation, authorized to correspond
with appointed, voluntary commissioners abroad,
and to advise and direct emigrants arriving here.
and to publish authentic imormatioii concerning
the resources of the Stateat limited expense, might
ne auvisaoie.
The strongest inducements which we can offer for
immigration of the best classes will be freedom from
debt and low taxes. The communications anl
papers referred to are herewith respecfully sub
mitted. FOREIGN ATTOF.NF.Ys-.
Attention has lieen called to the fact that our stat
ute, providing for the admission of attorneys to
practice in the courts of Oregon, permits no ono
to I e admitted except he be a citizen of the United
States, and of this State. As our Constitution ad
mits to the privilege of suffrage, all persons of for
eign birth over twenty-one years of age, who shall
have declared their intention to become citizens of
the United States, and shall have resided w ithin
this State for one year, it appears but just that such
should I e admitted to practice as attorneys in our
courts, if otherwise qualified. I recommend that
privilege be so extended by Legislative enactment.
ADJtTAN r C.F.N EKAL.
Previously to 1S70 the Adjutant lieneral was al
low ed a salary of SNX per annum. The salary was
regaled at the Legislative session of that year. No
pav or allowance tor actual expenses are now pro
vided bv law for that officer. 'olonel A. 1'. Ienni
son, w ho has lately resigned the otlice of Adjutant
lieneral. jerl"ormed important services, at his own
1 crsonal expense, during the late Modoc Indian
hostilities. Jie petitions for reimbursements of
these expenses. 1 lav the petition before you
with the recommendation that these exix-nses be
paid.
QIARANTINE.
Tlie quarantine lews have been strictly enforced.
There can le no doubt that the introduction of
contagion by ships from infected ports has been
materially lessened. Five vessels have teen quar
antined, and all suspected vessels boarded and ex
amined, during the last tw o years. Our pure at
mosphere is not apt to comuiuuicate contagious
diseases readily. With the enforcement of good
health regulations our Stale will be comparatively
free from pestilence. I refer you to the accompa
nying report of the Health Ofhccr at Astoria.
CESSION OF
LANIS
TO UNITED STATES FOR LIGHT
HOUSES. A communication from the Secretary of the Treas
ury has lately been received by me, stating that
"under the impression that the lieneral Govern
ment had jurisdiction over the navigable waters
within the United States ami the land covered
thereby, lighthouses have from time to time been
erected on submarine sites w ithin the territorial
limits of the States, without procuring the cession
of jurisdiction required by tho Act of Congress of
May l.i, 1S20. It is now understood that the States
may have jurisdiction over lands eovre6Vbv navi
gable waters within their territorul limits."
l The Secictary icquests. in the interests of com
merce and navigation, that the Governor will rec
ommend to the Legislature of this State -'The pass
age of a general law ceding to the United States
jurisdiction in all cases of sites of lighthouses arid,
other aids to navigation, built on submerged foun
dation., and w here the land under water is owned
by the State, providing Tor the cession to the United
States of the land also."
The communication is accompanied with a firm
of a bill which will be sufficient and stjiisfactory in
the premises. These papers are resqiectfully sub
mitted with a reeonaucnUatiom to your favorable
actiou. . . . ,
1 his reoucit is a recognition of the title cf the
State to all lauds under navigable waters within her
boundaries, which is similar in character to the
right bv w hich we hold tho lands ou our sea coast
lying between the ebb and flow of the tide. It is
the right of sovereignty or of eminent domain
; - -
09
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