Page:History of Oregon volume 1.djvu/525

474 the administration of the laws of the provisional government.

The legislature of 1845 held that they were not a constitutional body, because the law under which they were elected lacked the expressed approbation of the people, and that their first duty was to appeal to the people as to the only power with authority to change the fundamental law. That part of the executive message relating to a revision of the organic and other laws, having been referred to a committee composed of H. A. G. Lee, Newell, Applegate, Smith, and McClure, their revision was immediately begun. On the 5th of July the committee made their final report. The leading spirit in the legislature of 1845 was undoubtedly Mr Applegate. The Spartan simplicity and fidelity to trust which distinguished him among his fellow-colonists is stamped upon their proceedings. His literary style, unequalled by that of any of his contemporaries, is easily recognized in the revised code. Concerning the work of the committee, he says that it was their object to introduce as few changes as possible in the original organic laws, except the oath of office, and an amendment to the land law allowing two or more otherwise legal claimants to hold a section each without making improvements upon each claim.

While it is evident that Applegate endeavored to leave untouched the work of his friend Shortess as far as was consistent with expediency and propriety, and while avoiding any perversion of the intention of the organic laws, the amendments made to that instrument fulfilled practically all the purposes of the more elaborate legislation of 1844. Nor could this be accomplished without excluding from them