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334 state. Nesmith was elected supreme judge June 3, 1845, under the provisional government, and Wilson was a justice of the supreme court and circuit court judge of the fifth judicial district by virtue of his office from 1864 to 1870. During this time three of the senators were democrats, three were republicans. Five of the congressmen elected were democrats, four were republicans. Nine were elected, two of whom died, and seven took office. Senator Harding was elected to succeed Benjamin Stark, appointed October 21, 1861, by Governor Whiteaker to succeed Col. E. D. Baker, killed at Balls Bluff, October 21, 1861. John R. McBride was born in Missouri in 1832, was the republican nominee for the first congressman for Oregon at the election in 1858, but was defeated by L. F. Grover, who took his seat February 14, 1859, and served only seventeen days, his term expiring March 3, 1859. McBride was the only republican elected as such in the constitutional convention, although others were chosen who were republicans. He was elected to congress in June, 1862, as a republican, took his seat March 4, 1863, and his term expired March 3, 1865. Later he became chief justice of Utah, and is now a leading lawyer residing at Spokane, Washington. Mr. Henderson was elected his successor, and in June, 1866, Rufus Mallory was elected as the candidate for congress of the union-republican party, and served from March 4, 1867, to March 3, 1869. Mr. Mallory was born June 10, 1831, in the State of New York, came to Oregon in 1858, resided at Roseburg, Oregon, for some time after his arrival, where he read law and taught school, and he was admitted to the bar in 1860. He was a member of the legislature in 1862 from Douglas County, and elected as a union-republican. Later he removed to Salem, Oregon, where he was elected district attorney of the third judicial district in 1864 upon the