Page:Oregon Historical Quarterly volume 16.djvu/239



OREGON EMIGRATING COMPANIES 219

company, 56 who acted with inquisitorial authority. Again, these cases under the quasi droit administratif might be sub- mitted to a special court of arbitration elected expressly to "try offenders against the peace and good order of the company." 57 The most frequent charge under this head was neglect of guard duty. It should be added, however, that in some cases no at- tempt was made to differentiate between civil and adminis- trative law, in which cases all suits were tried by a judge and jury 58 or by the council. 59

That there was a very real problem here is evidenced by the fact that in one company, at least, regulations were adopted strictly limiting the penalty that could be imposed by the council or court of arbitration to expulsion from the company, 00 while there are instances in which the ordinary civil courts inflicted the death penalty 61 (though only for murder) ; and, again, by a provision adopted by another company (though almost immediately rescinded), that a committee be appointed to try the officers themselves in case of neglect of duty. 62 The mass of the emigrants had a wholesome abhorrence of drum- head justice and invented these various devices and checks to insure themselves against such procedure.

A further device intended to assure democracy and thwart any tendency to military despotism was the Jacksonian pro^-

56 Cf. Resolutions of the Oregon Emigrating Society, Rule 2. Wilkes, His- of Oregon, Part II, p. 70, "There shall be nine men elected by a majority of the company, who shall form a council whose duty it shall be to settle all dis-

putes arising between individuals and to try and pass sentences on all persons for any act of which they may be guilty which is subversive of good order and military discipline. They shall take especial cognizance of sentinels and members of the guard who may be guiltv of neglect of duty or of sleeping on their posts. Such persons shall be tried and sentence passed on them at the discretion of the Council." In the Iowa Oregon Emigration Society of Iowa Territory, at Iowa City, this authority was vested in the four Trustees and twelve Councilmen, who were empowered "to impeich, try, and for good cause to remove from office the President or any other civil officer who is elected by the Society." Iowa Journ Hist, and Pol., X, 420.

57 J. Quinn Thornton, Address, O. P. A. Transactions, 1878, p. 39, 40. Bryant, What I Saw in California, p. 61.

58 Cf. Medorem Crawford, Journal, p. u.

59 Nesmith, Diary of the Expedition of 1843, Oreg. Hist. Quart., VII, 333. Constitution of the Oregon Emigration Society of Iowa Territory at Iowa Cttv Article I, /.?.

60 Cf. Rule 3, Resolutions of the Oregon Emigration Society, Wilkes, History of Oregon, Loc. Cit.

61 J. C. Moreland, Annual Address, 0. P. A. Transactions, 1900, p. 28.

62 Thornton, Address, O. P. A. Transactions, 1878, p. 39, 40. Bryant, What 1 Satv in California, p. 61.