The quarterly of the Oregon Historical Society, Vol. 1, No. 1, March, 1900Oregon Historical Society
History
The quarterly of the Oregon Historical Society, Vol. 1, No. 1, March, 1900
Oregon Historical Society
Oregon -- History -- Periodicals
The changes recommended were: Creation of a single executive in place of
a committee of three; increase in the number of representatives in the
legislative department; change in the judicial system, together with
changes in certain specific subjects more of the nature of statute than
fundamental law. The recommendation was followed and the changes were
made. This first session of the governmental body, indeed, was prolific
in legislation. Not only did it make these changes, but an act was
passed more exactly defining the jurisdiction of the government. In the
original plan it had been vague, and was by this act confined to the
region south of the Columbia River. Provision was likewise made for the
raising of revenue sufficient to carry on a more effective government,
and all who refused to pay their taxes were denied the right of suffrage
and the benefits which the government conferred. This was an effective
mode of winning the support of some who had stood aloof. Acts were
passed prohibiting the manufacture and sale of intoxicating liquors, and
negroes and mulattoes were excluded from the territory upon penalty of
whipping. It was the desire of the members of this first legislature to
call a constitutional convention for making the organ of government more
perfect and putting the changes already made into permanent shape. It
met with opposition, however, because of the fear that it might drift
into an independent government, toward which there was in many
directions a strong tendency.
The session of 1845 was made up largely of the American party, and these
men soon began the work of making what they refused to call a
“constitution,” but called a revised “compact,” to be submitted directly
to the people. The compact secured most of the changes already made,
drew a distinction between statute and fundamental law, was well worded,
and removed the vagueness of previous provisions. This was in accordance
with the sentiment which existed in the colony, and was, therefore,
adopted by vote of the people at a special election, July 26, 1845.
These changes were made possible by the greater legal talent which came
with the migrations of 1843 and 1844, and were made necessary by the
increase in population and the delays of the national government. For
three years longer the provisional government was in force, exercising
all the sovereign functions of government; and, before superseded, it
carried on a war with the Indians.
Thus came into existence that government which has been characterized by
one who was in a position to know as, “strong without an army or navy,
and rich without a treasury;” so effective “that property was safe,
schools established and supported, contracts enforced, debts collected,
and the majesty of the law vindicated.”[13] This is a judgment quite
generally endorsed by the oldest of the pioneers who look back to it
with pride and affection.[14]
Public-domain text, read in full here on John Shaqi.
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