Page:Portland, Oregon, its History and Builders volume 1.djvu/168

 Oregon City, which was unfavorably reported upon by A. L. Lovejoy, the only lawyer in the legislature.

An executive committee of two persons, Osborn Russell, and P. G. Stewart, having at some time, not shown in the records, been appointed as a sort of double-headed governor, presents to the adjourned meeting of the legislature, on December ii, 1844, the first executive document or governor's message to the new government which we here copy as follows:

To the honorable the legislative committee of Oregon.


 * —As the expectation of receiving some information from the United States, relative to the adjustment of the claims of that government and of Great Britain, upon this country, was the principal cause of the adjournment of this assembly, from June last to this day, we feel it our duty to communicate such information as we have been able to collect on the subject, and likewise to recommend the adoption of further measures, for the promotion and security of the interests of Oregon.

The subject has again been called up for investigation by the two powers, and a negotiation was begun at Washington in the early part of the present year, but was for the time being suspended, on account of a disagreement between, the parties, and notice of the abrogation of the convention of 1827, had not been given by either party, when our latest information left the United States. And we find that after all the negotiations that have been carried on, between the United States, and Great Britain relative to settling their claims to this country, from October, 1818, upto May, 1844, a period of nearly twenty-six years, the question remains in the following unsettled position, viz.: Neither of the parties in question claim exclusive right to the country lying west of the Rocky mountains, between the parallels of 42 deg. and 54 deg. 40 min. north latitude, and bordering on the Pacific ocean. But one claims as much right as the other, and both claim the right of joint occupancy of the whole, without prejudice to the claims of any other state or power to any part of said country.

We have submitted to you this information, gentlemen of the assembly, for two particular reasons:

1st, To correct an error that occurred in our last communication to this body, relative to the claims of the United States and Great Britain to this country.

2d. That you may bear in mind, while legislating for the people of Oregon, the position in which this country stands, with regard to those claims.

We would advise that provision be made by this body, for the framing and adoption of a constitution for Oregon, previous to the next annual election, which may serve as a more thorough guide to her officers, and a more firm basis of her laws. It should be constructed in such a manner as would best suit the local situation of the country, and promote the general interests of the citizens, without interfering with the real or pretended rights of the United States or Great Britain; except when the protection of life and property actually require it.

We would suggest, for your information, that this government has now in possession, notes given by different individuals residing in the country, amounting to $3,734.26, most of which are already due. These notes are a balance in favor of the estate of Ewing Young, of Oregon, deceased, intestate, A. D. 1840, after all legal dues, debts, and damages are paid, that have come to the knowledge of the administrator, or probate courts of Oregon up to this date. We would therefore advise that those demands should be collected, and appropriated to the benefit of the country; the government being at all times responsible for the payment of them, to those who may hereafter appear to have a legal right to the same.

We would again call your attention to a measure recommended in our last communication, to wit: The expediency, of making provision for the erection