Page:The History of Oregon Bancroft 1888.djvu/326

308 he was not duly commissioned. On this flimsy pretence, by whom suggested was not known, Deady was unseated and McFadden took his place. Being regarded as a usurper by the majority of the democracy, McFadden was not popular. With his official acts there was no fault to be found; but by public meetings and otherwise Lane was given to understand that Oregon wanted her own men for judges, and not imported stock. Accordingly, after holding one term in the southern district, before the spring came McFadden was transferred to Washington Territory, and Deady reinstated. From this time forward there was no more appointing of non-resident judges with every change of administration at Washington. The legislature of 1853–4 once more redistricted the territory, making Marion, Linn, Lane, Benton, and Polk constitute the 1st district; Clatsop, Washington, Yamhill, and Clackamas the 2d; and the southern counties the 3d—and peace reigned thenceforward among the judiciary.

As if to crown this triumph of the Oregon democracy, Lane, whose term as delegate expired with the 32d congress, was returned to Oregon as governor, removing Gaines as Gaines had removed him. Lane's popularity at this time throughout the western and south-western states, whence came the mass of the emigration to Oregon, was unquestioned. He was denominated the Marius of the Mexican war, the Cincinnatus of Indiana, and even his proceedings