Page:Oregon Historical Quarterly vol. 24.djvu/123

 Letter of Peter H. Burnett 107 next and only case of serious resistance to our laws was on the part of Joel Turnham, of Mo., son of May Turn- ham of Clay County. He had assaulted an individual, and a warrant was issued by a Justice of the Peace. Turnham was himself a constable, and John Edmons [John Edmunds Pickernell] was deputized to arrest him. Turnham resisted with a large butchers knife, but Ed- mons had a pistol with six barrels well charged. He shot Turnham four times, the last ball entering above the temple when he immediately expired. These are all the obstructions to the administration of justice we have had, and in Edmons case he was justifiable in killing Turn- ham, even if he had no warrant, as T. assaulted him first and pursued him with great violence to the last. "We now have five counties and two terms of the circuit court in each county in every year. We have but one judge, who discharges the duties of probate judge, chancellor, and what not; in fact, we have only as yet circuit courts and justices of the peace. "Our government was intended only as provisional, to exist until some regular governrment could be estab- lished. "We adopted the statute laws of Iowa which were applicable to our condition, and not modified by our legislature. "We are now waiting most anxiously for the result of Pakenham's mission ; and if the two governments have not settled the question between them, the moment the fact is known, there will be one universal movement made. A regular convention will be held and a consti- tution adopted (republican no doubt), and an indepen- dent government put in operation at once. Necessity will compel us to the step. The population of this coun- try are no doubt desirous to live under the government of the United States, but if she will never do anything for us, we must and will do it for ourselves. The people here are worn out by delay, and their condition becomes