The quarterly of the Oregon Historical Society, Vol. 4, March, 1903-December, 1903Oregon Historical Society
History
The quarterly of the Oregon Historical Society, Vol. 4, March, 1903-December, 1903
Oregon Historical Society
Oregon -- History -- Periodicals
I am requested by the Oregon Bar Association to write a paper on "The
Preparation and Adoption of the First Code."
Before writing about the actual preparation of the first code, I
desire to say something about the confused and uncertain condition of
statutory law in Oregon Territory, prior to 1853, and the reasons
which induced the territorial legislature of 1852-53 to elect three
commissioners to prepare a code of laws for Oregon Territory.
On June 27, 1844, the Provisional Government of Oregon, declared that
"All the statute laws of Iowa Territory, passed at the first session
of the legislative assembly of said territory, and not of a local
character, and not incompatible with the conditions and circumstances
of this country, shall be the law of this government, unless otherwise
modified": Laws, 1843-49, p. 100.
The fourteenth section of the act of Congress of August 14, 1848,
organizing the Territory of Oregon, continued these laws of the
Provisional Government in force until they should be altered or
repealed.
At the first session of the legislative assembly, held at Oregon City,
two acts were passed by that body, which, owing to the construction
placed upon them by the supreme court of the Territory, had a tendency
to produce dissension and discord among the people of Oregon, which
lasted for two or three years. One of these was "An act to provide for
the selection of places for location and erection of the public
buildings of the Territory of Oregon," passed February 1, 1851.
The other act was one which declared to be adopted, and in force,
certain acts of the revised statutes of Iowa Territory published in
1843. The legislative assembly of Oregon by a single act adopted these
acts of Iowa, designating them by their several titles, and the dates
of their passage. This law was generally known as the "Chapman Code,"
owing to the fact that the bill was introduced by and its passage
secured through the influence of Hon. W. W. Chapman, then a member of
the legislative assembly.
Soon after these two acts were passed, their validity was questioned,
especially that of the one which located the public buildings, and
transferred the seat of government from Oregon City to Salem. Those
who denied their validity did so on the ground that they contravened
that clause of the organic act of August 14, 1848, section 6, which
provides that "To avoid improper influences which may result from
intermixing in one act such things as have no proper relation to each
other; every act shall embrace but one object, and that shall be
expressed in the title."
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