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
Legal proceedings were soon taken by persons interested in retaining
the capital at Oregon City to declare the act of removal invalid. A
suit brought for that purpose came on for hearing before the supreme
court at Oregon City, in December, 1851. By law the judges of the
district courts composed the supreme court of the territory. They were
Thomas Nelson, Chief Justice, O. C. Pratt, and William Strong. Of
these Nelson and Strong had been appointed by Presidents Fillmore and
Taylor, respectively, while Pratt was holding over under an
appointment of President Polk. The former were Whigs politically,
while the latter was a Democrat. Judges Nelson and Strong convened at
Oregon City, and opened the supreme court there. Judge Pratt went to
Salem under the act which changed the seat of government, but without
a quorum could not hold a session of the court. Judges Nelson and
Strong then decided that the act of the legislative assembly providing
for the selection of places for the location and erection of the
public buildings, passed February 1, 1851, was void, because it
contravened the organic law of August 14, 1848, as before stated. The
opinions of the judges were never published in the Oregon Reports, for
what reason I do not know. Possibly they were not filed with the
supreme court. Judge Pratt claimed that this decision amounted to
nothing because it was not made at the seat of government, as
established by act of the legislative assembly, and in this opinion
that body then assembled at Salem, readily concurred. This heated
controversy about the location of the capital was, however, settled by
a joint resolution of Congress, adopted May 4, 1852 (10 U. S.
Statutes, 146). The first section legalized the act of the territorial
legislature which located the public buildings, and the second section
declared that the late session of the legislative assembly was held in
conformity with the provisions of law. This, of course, ended all
dispute about the location of the capital, but unhappily another
controversy grew out of the construction placed by Judges Nelson and
Strong upon the sixth section of the organic law of August 14, 1848.
For the same reasons which they held the act for the location of the
public buildings void, they also held the act of the legislative
assembly, which adopted the revised statutes of Iowa, to be also
invalid. In other words, these judges held that by adopting several
distinct statutes of Iowa in one act, it necessarily embraced more
than one object. Judge Pratt took a different view and held that the
act of the legislative assembly embraced but one object, to wit, the
adoption of a code of laws of the territory.
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