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 FEDERAL RELATIONS OF OREGON

347

thirteen nor more than sixty-one members. The powers of this body were those "necessary for a legislature of a temporary government, not in contravention with the restrictions imposed in (the) organic law/' Specifically power was given to impeach officials, constitute districts and apportion representatives, enact revenue laws, open roads and canals, regulate inter-

course with the Indians, 4 establish a postal system, declare war

and suppress insurrection, provide fdr ia militia, regulate the importation, manufacture and sale of ardent spirits, 5 regulate the "currency and internal policy of the country," create inferior tribunals and offices, and "generally, to pass such laws promote the general welfare of the people of Oregon, not contrary to the spirit of this instrument; and all powers not hereby expressly delegated to remain with the people/' to

A

judicious admixture of liberal and strict construction was thus placed in the fundamental law, presumably to meet the opposing political doctrines of those who came from different por-

United States. For the peace of mind of the was no doubt fortunate that the Territory of Oregon was erected by Congressional act before there came any pertions of the

courts

it

plexing problems over the interpretation of "all powers necessary for a legislature of a temporary government, not in contravention with the restrictions imposed in this organic law" and the "general welfare" clause, in the light of the restriction in "all

powers not nearby expressly delegated to remain with

the people."

The Executive Committee was thrown over and executive power was vested in "one person, elected by the qualified voters at the annual election." The judiciary was to be cominferior tribuposed of a supreme court with one judge and of constitutional That nals. import might be decided questions decide upon and annul to have shall court "the supreme power

any laws contrary to the provisions of these articles of compact and whenever called upon by the house of representatives, the



be 4 In the bill it was stated that "the utmost good faith (should), always observed towards the Indians," whose lands were not to be taken without their the authorized lawful and in by "unless wars, invaded or just consent, rights representatives of the people." and importation of spirits. 5 In 1844 the Legis. Com. had prohibited sale .