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 LESTER BURRELL SHIPPER

348

supreme judge shall give his opinion touching the validity of any pending measure." In the land law, which constituted one of the articles of the new compact, there was an important modification of the original act, for the proviso which allowed religious missions to pre-empt a square mile was omitted. As before, an individual might take 640 acres, although partnerships might take up tracts of 640 acres per member provided no member had a claim in his own name. There was no thought that all these provisions would be other than temporary in nature; they were merely to fill in until the United States should have extended over the territory its protection and its laws. While there was some talk of an independent establishment, caused by the delay in settling the boundary and then by the failure of Congress to provide ter-

government, few thought seriously of that possibility. of the organization had been referred to in the memorial which was presented to Congress in 1848, 6 as well as in the letter from Governor Abernethy which formed the basis of Thornton's memorial. ritorial

The temporary nature

The officers

At

advent, then, in Oregon of the newly appointed Federal was hailed with joy as well as relief in March, 1849.

list was General Joseph Lane, of Indiana, appointed by Polk after the first choice, General 7 The James Shields of Illinois, had declined the nomination. other territorial officials were Knitzing Pritchett of Pennsyl-

the head of the

who had been

vania, secretary; William P. Bryant of Indiana, chief justice, and James Turney of Illinois and Peter H. Burnett of Oregon

(one of the promoters of organization in 1843 and 1844),

Meek, who had brought the dispatches from the legislature, marshal Isaac W. R. Bromley of New York, district attorney, and John Adair of Kentucky, collector of the port. Burnett and Bromley declined the positions offered them and these were filled by William Strong and Amory Holbrook, both of Ohio. It is to be noticed that the names of only two Oregonians appear in this list and that associate justices; Joseph L.



6

See Chapter XII. IV, 91-3.

7 Polk, Diary,