Page:Oregon Historical Quarterly vol. 1.djvu/433

Rh state of the little commonwealth into consideration; revised or repealed rules defective or obsolete, and enacted such others as the exigencies seemed to require. The common weal being cared for, it next resolved itself into a court to hear and settle private disputes and grievances. The offender and the aggrieved appeared before it; witnesses were examined, and the parties were heard by themselves and sometimes by counsel. The judges being thus made fully acquainted with the case, and being in no way influenced or cramped by technicalities, decided all cases according to their merits. There was but little use for lawyers before this court, for no plea was entertained which was calculated to hinder or defeat the ends of justice. Many of these judges have since won honors in higher spheres. They have aided to establish on the broad basis of right and universal liberty two pillars of our great Republic in the Occident. Some of the young men who appeared before them as advocates have themselves sat upon the highest judicial tribunals, commanded armies, been governors of states and taken high position in the senate of the nation.

It is now one o'clock; the bugle has sounded and the caravan has resumed its westward journey. It is in the same order, but the evening is far less animated than the morning march; a drowsiness has fallen apparently on man and beast; teamsters drop asleep on their perches and even when walking by their teams, and the words of command are now addressed to the slowly creeping oxen in the soft tenor of women or the piping treble of children, while the snores of the teamsters make a droning accompaniment. But a little incident breaks the monotony of the march. An emigrant's wife, whose state of health has caused Doctor Whitman to travel near the wagon for the day, is now taken with violent illness. The Doctor has had the wagon driven