Page:Oregon Historical Quarterly vol. 5.djvu/207

 RECOLLECTIONS OF An OLD PIONEER. 197 simple and conclusive reason tluit untiling is more difficult than to frame a good constitution. The greatest statesmen and the mightiest intellects among men have essentially differed as to the true theory of a constitution. The members of a constitu- tional body should not have their attention distracted by or- dinary stsitutory legislation. A perfect constitution has never vet Ix-cn framed, and, most likely, never will be. While we could not see the great and immediate necessity of a constitution for mere temporary government, we thought that, if the subject sought was necessary at all, then the work should he well and thoroughly done, so that our con- stitution would be an honor to our new country. Believing as we did. that a constitutional convention was the only ap- propriate and competent body to frame a constitution that would stand the test of fair criticism, and be beneficial in its practical operation, and not seeing any pressing necessity for immediate action, we did not go "through the farce of call- ing a convention," as asserted by the author; but we passed the following act, December 24, 1844: Section 1. That the executive committee shall, in the man- ner prescribed by law for notifying elections in Oregon, notify the inhabitants of all the respective counties qualified to vote for members of the legislature at their next annual election. to -rive in their votes for or against the call of a convention. Sec. 2. The said votes shall be in open meeting received, assorted, and counted, and a true return thereof made to the executive committee, agreeable to the requisitions of the law regulating elections. Sec. '.. It shall l>c the duty of the executive to lay the re- sult of the said vote before the legislative committee for their information. While we had our doubts as to the necessity of a consti- tution for a mere temporary government (which we then had every reason to believe would last only a year or two), we thought it but just to submit the question of calling a con- vention to the people for their decision. It is usual to submit such a quest ion to the people, as was lately done in California The treaty of June 1.".. 1M, between Great Britain and the