Page:Oregon Historical Quarterly vol. 4.djvu/196

186 At the first session of the legislative assembly, held at Oregon City, two acts were passed by that body, which, owing to the construction placed upon them by the supreme court of the Territory, had a tendency to produce dissension and discord among the people of Oregon, which lasted for two or three years. One of these was "An act to provide for the selection of places for location and erection of the public buildings of the Territory of Oregon," passed February 1, 1851.

The other act was one which declared to be adopted, and in force, certain acts of the revised statutes of Iowa Territory published in 1843. The legislative assembly of Oregon by a single act adopted these acts of Iowa, designating them by their several titles, and the dates of their passage. This law was generally known as the "Chapman Code," owing to the fact that the bill was introduced by and its passage secured through the influence of Hon. W. W. Chapman, then a member of the legislative assembly.

Soon after these two acts were passed, their validity was questioned, especially that of the one which located the public buildings, and transferred the seat of government from Oregon City to Salem. Those who denied their validity did so on the ground that they contravened that clause of the organic act of August 14, 1848, section 6, which provides that "To avoid improper influences which may result from intermixing in one act such things as have no proper relation to each other; every act shall embrace but one object, and that shall be expressed in the title."

Legal proceedings were soon taken by persons interested in retaining the capital at Oregon City to declare the act of removal invalid. A suit brought for that purpose came on for hearing before the supreme court at Oregon City, in December, 1851. By law the judges of