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sented, as the occasion might require, in the final action of the people. The large pretensions to lands by the Methodist and Catholic missions were fully understood by the entire committee. They wished to curtail them as much as possible, and were fully aware that any direct action to this end would bring the whole influence of both missions against them.

CHAPTER XLIV.

Fourth of July, 1843.-Oration by Mr. Hines.-Meeting of July 5.-Debate on the land law. How the Jesuits and the Hudson's Bay Company secured their land claims.-Speech of the Rev. G. Hines against the proposed Executive Committee. -The committee supported by O'Neil, Shortess, and Lee.-W. H. Gray closes the debate. The report of the committee adopted.-Committee appointed to report to Congress, another to make a Digest of Territorial laws, and a third to prepare and administer an oath of office

ON the 4th of July our national anniversary was observed, and an oration was delivered by the Rev. G. Hines. The committee favored the selection of Mr. Hines as orator, that they might gain his views, and be ready to meet him on the main questions that would be brought up on the fifth. In this, however, we failed, as he dwelt principally upon the subjects of temperance, the glorious deeds of our forefathers on the other side of the Rocky Mountains, and the influences and blessings of the day. No Englishman, or foreigner, could have taken any exceptions to his sentiments or language. On the 5th, Dr. Babcock, chairman of the meeting of May 2, being absent, the meeting was called to order by G. W. Le Breton, one of the secretaries of the May meeting. On motion, the Rev. Gustavus Hines was elected president of the convention by acclamation. R. Moore, Esq., chairman of the Legislative Committee, presented his report, which was read by Secretary Le Breton, and on motion accepted. Rev. L. H. Judson moved that the report of the committee on ways and means be accepted. This motion brought the land law up for discussion. The Legislative Committee as a whole reported that law entire, to the proviso in the fourth article. Upon the first part of that article a discussion arose between Mr. Newell and the members of the Methodist Mission, as to the right of any single individual to hold a claim of 640 acres upon a city or town site, or extensive water privilege. Mr. Moore agreed with Mr. Newell on that question, as he claimed one side of the Wallamet River at the falls, and Dr. McLaughlin the other. The Methodist Mission also claimed a right to the east side of the Wallamet, and the Milling Company claimed the island, upon which they were erecting mills. Mr. Newell opposed the fourth article, to favor Dr. McLaughlin; the Methodist Mission and Milling Company favored the article on the ground that it secured them in their rights, and prevented a monopoly of that

water-power by any single individual. Rev. Jason Lee was anxious to secure the rights and claims of the Methodist Mission. So far as the water privilege and town sites were concerned, there were no fears on the part of the committee, but in reference to the large claims of the Methodist Mission, there were fears that Mr. Lee and Mr. Hines would oppose our whole effort, and combine the influence of their mission against the organization. To satisfy Rev. Jason Lee, Le Breton presented the proviso as contained in the fourth article, which removed his objection. The committee were well assured that the Jesuit missions would claim the same right to land, and in this way, the one mission would be induced to give up to curtail the other. This occurred as anticipated, only the Methodist Mission held on to their claims, and attempted to maintain them publicly, while the Jesuits did the same thing silently, and by having their lands recorded in the supposed names of their members, or priests, the same as the Hudson's Bay Company recorded all their improvements and forts in the names of their different servants, so as to hold them for the company; the company and the Jesuits having, as they supposed, secured their own claims to land in the name of their respective servants, joined with the new immigrants, in condemning the large pretensions of the Methodist Mission, and in this way prejudiced the minds of the settlers against it for doing, openly, just what they had done in the names of their servants, secretly.

On the final vote there were but few dissenting voices, except upon the adoption of the proviso. It may be asked why the land law was brought up first. The minutes as recorded on the twenty-third and twenty-fourth pages of the Oregon archives, show that Mr. Judson moved the adoption of the report of the committee on ways and means. This was all the minute that was made, as the business and discussion progressed. The report on the land law was deemed, by the committee, to be of the first importance, as all were personally interested in the law about land claims; and upon the discussion of that report, they could learn the result of the whole effort, and the feelings of the people as to the permanence of the proposed government. The notice of the report of the committee on ways and means, on page 24, and of the proviso, is entered, to show that the amendments alluded to were made. We are of the opinion, that had Mr. Le Breton lived to copy those minutes, he would have so changed them. He says such amendment and proviso were adopted. To this fact we have affirmed under oath as being a part of the provisional law adopted at that meeting. This brings us to the first clause of the organic law, as adopted by the people in mass convention.

The preamble and first article were adopted on motion of Joseph McLaughlin, the second son of Dr. John McLaughlin, who took an active part in favoring the organization, against the wishes and influence of his family.

The second article was read, and, on motion of L. H. Judson, was adopted.

The third, on motion of C. McRoy, and the fourth, on motion of Joseph Holman, were also adopted.

On motion to adopt the fifth article, "on the executive power," it was plain to be seen that the Rev. Mr. Hines was swelling and becoming uneasy, in proportion as the Rev. Jason Lee appeared to be satisfied with the proceedings. He hesitated to put the motion, called Robert Moore, the chairman of the Legislative Committee, to the chair, and commenced:

"Mr. President, gentlemen, and fellow-citizens,-The Legislative Committee which you appointed to prepare certain laws, and perform a certain duty, have assumed to present for your approval something they had no right, in all the instructions given them, to present. They have commenced a course which, if not checked, will lead to the worst possible form of despotism. Grant them the privilege which they now ask, of imposing upon this settlement, upon you and me and our families, this hydra-headed monster in the shape of an Executive Committee, and we have but the repetition of the Roman Triumvirate-the Cæsars upon the throne. We may be told by them, in excuse for the violation of plain and positive instructions, that they found it difficult to proceed with the organizing of a temporary government without an executive; and here they have brought before you this monstrosity— this black bear this hydra-headed monster, in the shape of an Executive Committee; and ask you to adopt it, as necessary to preserve your civil liberties and rights.

"Gentlemen and fellow-citizens,-You have but to look to past history, to warn you of the dangers of so palpable a violation of instruc tions on the part of public servants. You instructed them to do a certain work, to prepare certain laws. If they could not do as instructed, let them resign and go home. So far as they performed the duties assigned them, we can approve of their acts; but when they attempt to force upon us what we have not asked of them, but said to them we do not want this monstrosity with three heads, yet they persist in saying we do; and have gone on and made their laws to correspond with this absurd and outrageous thing they call Executive Committee. Is it wise, is it reasonable, that we should submit to it? What assurance have we that the next Legislative Committee, or body

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we may appoint, following the example set by this one, will not give us a king or emperor, and tell us it is necessary to complete our organization ?"

Many of the persons present at Champoeg on the 5th of July, 1843, will recollect this speech, and the strong and emphatic manner in which it was delivered. Why Mr. Hines did not move to strike out the executive clause has always been a mystery to us. When he had resumed his seat as president of the convention, Mr. O'Neil made a few remarks, explaining the position of the committee. Mr. Shortess followed, denying the assumption of power attributed to the committee, or a disposi tion to go beyond their instructions, and urged the necessity of a head or some controlling influence somewhere. Could we rely upon Captains McCarty, or McKay, or Smith to call out their companies; or Major Howard? Should the military control the civil power? "The thing is absurd," said Shortess. Rev. Jason Lee could not see the proposed executive head of the proposed provisional government in the light Mr. Hines did. If it was thought necessary to have a government at all, it was necessary to have a head, and an executive, or the laws were of no effect.

It was arranged with the Legislative Committee, that Gray should meet Hines on this question, and make the last speech in favor of the executive department. Hence O'Neil and Shortess both spoke in favor of it. Dr. Babcock was opposed, on account of its going beyond present necessities, and looking too much like a permanent and independent government; whereas we only wished to form a temporary one. He thought with Mr. Hines, that the committee had gone beyond their instructions in providing for this executive power, still he was willing to abide the decision of the people. There was a little uncertainty as to Mr. Lee's final vote. Dr. Babcock was clearly against us. Mr. Hines made but the one speech. From the course the debate had taken, Gray had no fears as to the final result, and waited until it was evident that no more opposing speeches would be made when he commenced :

"Mr. President and fellow-citizens,-The speech which we have just listened to, from our presiding officer, is in the main correct. It is true that the Legislative Committee were not instructed to bring before you an executive department in the laws and government you proposed to form, when you appointed your committee to prepare those laws. It is also true, that when that committee met, they found that they could not advance one step in accomplishing the work you instructed them to perform, without some supervising influence, or power, somewhere; in short, without a head. Their instructions were against a governor. They have provided an Executive Committee, in place of a single man