owing to a general exodus of the male population to the gold mines in California. Many of the members had resigned, and some had simply gone away without taking the trouble to resign. However, the governor by proclamation had called a special election to fill vacancies, and he had designated February 5 as the date for a special session, in harmony with the date fixed upon adjournment by the minority members of the legislative body. When the adjourned session convened, the governor delivered a message, in which he said: "We have received information that our territory has been provided for; that the officers necessary to carry on the government have been appointed and are now on their way to this territory, and will no doubt soon be in our midst." He advised, since the legislature of the new organization would probably soon convene, that an adjournment be taken as soon as indispensable business of the session was attended to.

The new governor, bearing his commission from the government at Washington, arrived and issued his proclamation, and then addressed a letter to Governor Abernethy inviting him to call. But the latter, with a sense of the proprieties, indicated in a dignified answer that he would be glad to receive Governor Lane should the latter call to pay his respects. This fencing for points of official etiquette seems rather amusing in its setting in the little western village of Oregon City in 1849, but the settlers' self-created government, while ready to give way to a more regular organization, nevertheless claimed the authority of a de facto government until duly superseded.

The new administration assumed its duties without especial ceremonies. Governor Lane was sworn in by the secretary of the provisional government, S. M. Holderness, but, to make assurance of legality, he afterwards took the oath again before Gabriel Walling, justice of the peace. Holderness continued to act as secretary until April 9, 1849, when he was succeeded by the president's appointee, Kintzing Prichette.

One of Governor Lane's first official acts was to issue a proclamation for a general election to be held on the first Monday of June, 1849, for the election of members of the legislative assembly and delegate to congress, and he designated Monday, July 16, as the time for the meeting of the legislature, at Oregon City.

In his first message to the legislature Governor Lane alluded to the fact that many of the settlers who had gone to

the mines were now returning, determined to remain and to cultivate again the abandoned farms, and he estimated that upwards of two million dollars in gold dust had been brought to Oregon. The Oregon population, he believed, was about 9,000, but thought that it would be doubled within 12 months.1 Thus, without friction and without undue pomp and pretense, the territory of Oregon began its functions. But the little colony was not altogether satisfied, and already began to look forward to statehood.

In the first territorial legislative assembly, August 20, 1849, a bill was offered "to take the expression of the people for and against a convention to form a state government," but it was later laid upon the table. That session adjourned September 29, 1849, but in the proceedings in the next session held in May, 1850, a joint resolution was pending "to enquire into the propriety of calling a convention for the purpose of framing a state constitution, preparatory to admitting this territory into the Union." However, according to the report in the Oregon Spectator, the proposal was "shoved off the track" by the adoption of a resolution requesting the delegate in congress to use his influence to have the organic law so amended that the governor and the secretary of the territory be elected by the people.' The Spectator in a later issue said that the question of state constitution was not referred to the people for the reason that the time of the election was too near, but that the measure was decidedly popular, and would undoubtedly be acted upon at the next legislative session."

Up to this time there had been no division of the people of Oregon upon political party lines. The Spectator commenting on this condition said:

It is usual on the assembling of legislative bodies to inquire into the political character of its members. But happily political parties have no existence in Oregon, and hence the persons elected to this legislature were chosen for other than party considerations, and during the whole of its session there was no question agitated on party grounds. One object brought it together, and that one object engrossed the entire

1The census taken under Governor Lane's directions showed a population of 9,083 consisting of 8,785 American citizens and 298 foreigners. Of these, there were 5,410 males and 3,673 females. Another census, taken in 1850, showed a total population of 13,294. *Proceedings of May 13, 1850. Oregon Spectator, May 16, 1850. This issue is the only source of information as to this session, which is not mentioned in the official lists of legislative sessions.

Oregon Spectator, May 30, 1850. In the issue of the Spectator of April 18, 1850, there was a long editorial, which began by saying: "We find the opinion that Oregon should be immediately erected into a state, much more prevalent than we had anticipated." All of the arguments in favor of statehood were presented.

attention of the members. The territory was without law and without officers and all felt that the public wants were pressing and every one was animated with the patriotic desire of providing a good code of laws. The only ground of difference among members was found in the fact that each was most partial to the laws of the state from which he had recently emigrated, and with the operation of which, of course, he was most familiar. The difficulty growing out of this difference of partialities was seriously felt, and retarded to the very last day of the session the progress of business.*

But this absence of party organization was not to continue. The democrats called a convention to meet at Salem, May 4, 1850, to nominate county officers for Marion county, including members of the territorial legislature from that county, and then a mass meeting of democratic citizens was held at Oregon City on the 14th day of the same month, where the legislature was in session. The mass meeting issued an address to the members of the party. This was denominated a "circular" and began with the following:

Far removed as you now are from those fondly remembered homes where pure party spirit was wont to warm and animate your hearts, no doubt you have frequently thought and felt that the day was not far distant when it would become your privilege and duty to buckle on your political armor and again do battle in the time-honored service of democracy. In the opinion of this meeting the day for organization preparatory to such action is at hand."

The mass meeting also passed resolutions commending the administration of Governor Lane who was about to leave for southern Oregon to negotiate with the Rogue River Indians for peace. The resolutions denounced the action of the whig president, Taylor, in removing Governor Lane and in appointing Governor Gaines in his stead. Thus, into Arcadian Oregon was first introduced party politics, and as time went forward partizanship became intensely bitter, while the advocacy of statehood soon resolved itself into a party question.

Governor Gaines reached Oregon City, August 18, 1850, by the sloop, Falmouth, and with him came the new secretary, Edward Hamilton. In the meantime Lane had been elected delegate in congress to succeed Thurston, then recently deceased. Soon after, a heated controversy arose over the question of the location of the state capital, in which Governor Gaines, Secretary Hamilton and United States Attorney Amory Holbrook were supported by but few members of the

*Oregon Spectator, October 18, 1849.

Oregon Spectator, May 30, 1850.

legislature. Their claim that Oregon City remained the capital notwithstanding a legislative enactment attempting to change it to Salem (which claim had the approval of two members of the supreme court, Judges Nelson and Strong), was denounced in scathing terms by the majority members of the legislature, who insisted upon holding the session at Salem. The latter members, who were mostly democrats, were encouraged by the opinion of Judge O. C. Pratt, one of the supreme judges, who appeared before the legislature and read a long and carefully prepared address, criticising his associates on the supreme bench, and arguing in favor of the legality of the enactment. The question reached Washington for decision upon request of Governor Gaines, and the president and his attorney general held that the Salem law was invalid. It took an act of congress under the guidance of Delegate Lane to straighten out the tangle and to confirm the change of location of the capital to Salem.

This controversy generated political heat beyond its apparent importance and has its place here for that reason. Party spirit was intense, and the democrat majority at Salem showed a rancor that, through the ten-year period of the territory and afterward in the early years of statehood, was always characteristic of the political relations of the times. The democrats objected to the whig president appointing executive and judicial officers for the territory and demanded the right of local self-government. They believed that if the state could be organized under a constitution of its own the unsatisfactory condition of dependence upon distant Washington would come to an end.

The agitation for statehood was renewed in the December, 1850, legislative session, where, on the ninth of that month, a resolution was adopted providing for the appointment of a committee of five to enquire into the propriety of calling a convention for the purpose of forming a constitution. Another such committee was appointed at the December session of the following year' upon a new resolution of the same import, and a bill was reported that was adopted by both houses, reciting the fact that the legislative assembly had memorialized congress to permit the qualified voters of the territory to elect

House Jour., 1850-1, in Western Star, December 19, 1850. The following were appointed: Messrs. King, Matlock, St. Clair, Holmes and Walters. The committee seems to have taken no action.

"H. J., 1851-2, pp. 16, 17, 19. Messrs. Wilcox, Anderson, Simpson, Drew and White were appointed on this committee.

the officers of the executive and judicial departments, but declaring that if the then current session of congress should adjourn without granting the prayer of the memorial a proclamation should be issued by the president of the council and the speaker of the house, within two months after adjournment, authorizing a poll on the question of calling a convention to frame a constitution. However, it seems that nothing was done to put the law into effect and no such election was held.

The principal newspapers during the territorial period were the Weekly Oregonian, published at Portland as a whig advocate, and the Oregon Statesman, which first made its appearance at Oregon City but later was moved to Salem. In 1855 while the capital was at Corvallis the Statesman was published there, but it returned the same year to Salem. Its first issue was at Oregon City, March 28, 1851; and it was edited by Asahel Bush, an ardent democrat. The editor of the Oregonian was Thomas J. Dryer, who reached Portland from California and issued the first number, December 4, 1850, having been engaged to come to the ambitious city by Col. W. W. Chapman and Gen. Stephen Coffin of that place. The two papers were conducted with intense and unexampled partizanship and were widely read. Both indulged in unsparing personalities and each resorted to abuse of the other as well as of various men in political and public life. The out-pouring of the newspapers in this respect was but a product of the times in which citizens espoused party causes with enthusiasm, and party lines were sharply drawn. Gradually, under the guidance of Mr. Bush, a group of democrats gained great influence in that party and came to be known as the Salem Clique, the personnel of which undefined political force changed from time to time. It originated measures, ordained party policy, decided upon candidates for office and awarded political honors."

Besides the Oregonian and Statesman, the principal Oregon newspapers having a political bias, published at some time during the period between 1850 and 1860, included the following proslavery democrat papers: At Albany, Oregon Democrat (against the Salem clique); at Corvallis, Occidental Messen

8Laws, 1851-2, p. 62; H. J., 1951-2, pp. 16, 17, 19, 59, 68, 75, 76, 85, 96, 97-102. John R. McBride included the following as supposed at times to be within the magic circle: Asahel Bush, L. F. Grover, Ben. Harding, R. P. Boise, of Marion county; J. W. Nesmith and Fred Waymire, of Polk county: M. P. Deady, of Yamhill county; S. F. Chadwick, of Donglas county; J. W. Drew, of Umpqua county; George L. Curry, of Clackamas county; William Tichenor, of Coos county; and Delazon Smith, of Linn county. (See McBride's address on the Constitutional Convention, delivered before the Oregon Pioneers in 1897, set out in Appendix (b), infra.)