Page:History of Oregon volume 1.djvu/358

Rh The minutes of the meeting show that a son of John McLoughlin named Joseph McLoughlin, who lived on a farm in the Willamette Valley, moved the adoption of Article I., L. H. Judson, of Article II., of population shall require it. For the purpose of fixing the principles of civil and religious liberty, as the basis of all laws and constitutions of government that may hereafter be adopted. Be it enacted, that the following articles be considered as articles of compact, among the free citizens of this territory.

'Art. 1. No person, demeaning himself in a peaceable and orderly manner, shall ever be molested on account of his mode of worship or religious sentiments.

'Art. 2. The inhabitants of said territory shall always be entitled to the benefits of the writ of habeas corpus, and trial by jury; of a proportionate representation of the people in the legislature, and of judicial proceedings, according to the course of common law. All persons shall be bailable, unless for the capital offences, where the proof shall be evident, or the presumption great. All fines shall be moderate, and no cruel or unusual punishments inflicted. No man shall be deprived of his liberty but by the judgment of his peers, or the law of the land; and should the public exigencies make it necessary, for the common preservation, to take any person's property, or to demand his particular services, full compensation shall be made for the same. And in the just preservation of the rights and property, it is understood and declared that no law ought ever to be made, or have force in said territory, that shall in any manner interfere with or affect private contracts, or engagements, bona fide, without fraud, previously formed.

'Art. 3. Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall be forever encouraged. The utmost good faith shall always be observed towards the Indians. Their lands and property shall never be taken from them without their consent; and in their property, rights, and liberty, they shall never be invaded or disturbed, unless in just and lawful wars, authorized by the representatives of the people; but laws founded in justice and humanity shall from time to time be made for preventing injustice being done to them, and for preserving peace and friendship with them.

'Art. 4. There shall be neither slavery nor involuntary servitude in said territory, otherwise than for the punishment of crimes whereof the party shall have been duly convicted.

' Sec. II., Art. 1. Be it enacted by the authority aforesaid, that the officers elected on the 2d of May, inst.instant [sic], shall continue in office until the second Tuesday in May 1844, and until others are elected and qualified.

'Art. 2. Be it further enacted, that an election of civil and military officers shall be held annually, on the second Tuesday in May, in the several districts of such places as shall be designated by law.

'Art. 3. Each officer heretofore elected, or hereafter to be elected, shall, before entering upon the duties of his office, take an oath or affirmation, to support the laws of the territory, and faithfully discharge the duties of his office.

'Art. 4. Every free male descendant of a white man of the age of 21 years and upwards, who shall have been an inhabitant of this territory at the time of its organization, shall be entitled to vote at the election of officers, civil and military, and be eligible to any office in the territory—provided, that all persons of the description entitled to vote by the provisions of this section, who shall have emigrated to this country after organization, shall be entitled to the rights of citizens after having resided 6 months in the territory.

'Art. 5. The executive power shall be vested in a committee of 3 persons, elected by the qualified voters at the annual election, who shall have