The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-02-04

lnOntu OF AUGUST 1901, 1iOh. hoWos tsei0oh
in the month Of April A. d 1881. Thus i will be seen
at glance that the practical operation oil the present
system OF appointing the judiciary has been TO give the
people OF this Territory, in the aggregate but about Tour
wears and seven months OF judicial service while by law
they have been entitled 10 nine years and nine months
falling o OF half The services have been rem
dered by the Judges who have from time 10 time been
sent among us in the following proportions: Judge
Pratt two years and three months; Judge Bryant seven
months Judge Strong, one year and three mon,s Judge
Nelson, seven months Since The organization OF the
Territory the three judicial districts have been entitled IN
the aggregate TO sxtytwo regular terms oil the district
court but careful examination OF the facts. as your me-
moralsls believe and well informed, show that Dut
twenty five held Another serious eyn 10
the peace and quiet OF the community and the security OF
property has arisen from the interference oil one distfc
court with the process OF the oherthus rendering each
ii the spirit is carried out by all poweress 10 pro-
ITSELF and the rights and property OF It's suiios As
instance OF this state OF things your memorasis peg
leave 10 submit the following facts In the monlh oil
july 1851. an injunction granted against one Arthur
Fable, by Judge Pratt at chambers. according 10 the
statutes Of this Territory 70 stay waste l as o1 h
contempt and ordered 10 be imprisoned Ten days ana
fined fifty dollars On petition to Judge Nelson OF the
first judicial district charging the Judge OF The second
district with misconduct in office, the former issued
writ OF habeas corpus, and with the advice OF Judge
Strong proceeded at chambers. without alleged defect IN
the warrant OF commitment 10 sit in judgment on the
question OF jurisdiction in matters OF contempt in such
cases. and enlarged the prisoner.
AT the October term A. d. 1851, OF the district court,
in and for the second Judicial district sitting IN the coun
~ OF Washington one w. w. Chapman, an attorney oil
the court, having deliberately committed what was deem
ed gross contempt OF court in open court alter hearing
ordered be stricken from the roll OF attorneys oil that
court and to stand committed twenty days Afterwards,
and after escape from the officer and recapture all oil
which was known TO Judge Nelson OF the first district
application to him, the said Chapman was discharged
on his ORDER writ OF All OF which proceedings.
as your memorialiss are well informed and believe,
neither warranted by the statutes OF this Territory,
nor known to the course of the law, whereby
every court is necessarily the exclusive judge OF all con-
tempts committed, either in its presence, or against IFS
process.
Who is right in these matters it is no, province or
desire to determine The facts have been set forth for
your consideration. and it is only necessary 10 add the
result. and felt by the community at laTgedt
is, general OF an impossbiy TO maintain order
and judicial authority in the second judicial district by
OF illegal interference in its affairs on The part OF
the Judge OF the first And so extensive is this ieellng,
that, unless early corrective be applied, your memo
ass entertain fear that serious violence and breaches
Of the peace may eDsue
Your memorialists further represent, that by the
ganc act the chief and associate justices OF the Territory
" shall hold term Of the supreme court at the seat OF
government annually and that, as YET no regular term
OF said court has been holden in said Territory, II we ex-
cept the assembling of two judges al Oregon city,
the first Monday OF December, A. d. 1851, and the pres
Of the other at Salem al the same time for the same
purpose. The acts of the former are based upon the
assumption that Oregon city is the seat OF government;
which assumption, shown by those judges their writ
that z" as Ss
provisional government by an act OF The 9Th OF June,
1874, fixed the seat OF government at Willamette falls
he Oh fattT are OF
statute before alluded TO- passed February 1851 Upon
this subject we submit the following facts:
First that there any law OF the provisional
government called locating the seat of government at
The falls of the Willamette elsewhere. much less
passed in the year 1874, the provisional government
commenced lis existence on the Goth OF July, ls45, at
which time the articles OF compact upon which IL
based, and from which derived lis title. adopted by
direct vote OF the people The deed spoken OF law was
an act OF few missionaries and rappers, under con-
ventona arrangement, consisting OF executive com
mittee OF three and leg sative committee oil nine, being
the first attempt at government in the Territory,
if we except the Hudson Bay Company, but was en-
trely thrown aside and bloed out by the large emi.
grafton from the States that fall. who built upon
the ruins the provisional government BY the organic
law, .he legislative assembly was "to hold lis first
session at such time and place as the governor should
appoint and direct" He named Oregon city, not as the
seat OF government-fer that was beyond his power
but for the sitting of the legislative assembly during its
first session. The Legislature met in july ls49 and ad
ourned without locating the seat OF government, by
OF disagreement between the two houses. In May
1880, there called session, which, by the request OF
General Lane and the common consent of IFS members
met al Oregon city, and adjourned without making To-
cation The second regular session OF the assembly met
by common consent at Oregon city, and al that session
did proceed 10 locate and establish the seat oil govern
ment at Salem, by act entitled An act TO provide
for the selection OF places for the location and erection OF
the public buildings OF the Territory OF Oregon" Al the
latter place, your memoriasts. comprising eighteen OF
the twenty-five members constituting the house OF repre-
seniatiyes and eight Of the nine members constituting
the council, the first Monday in December OF the
present year. and, after regularly organizing the egs
laiiye assembly OF this Territory have proceeded to en-
act laws and exercise all other powers that body OF
that kind may and OF right ought TO do.
Your memorasis conceive II is not for them TO decide,
as between the judges, who is right who wrong on
this question An imperative OF duty has prompted
10 meet at this point conceivng that pTna aee al
least the seat OF government is here and well convinced
al most, that IL established at Oregon city.
Those judges who have assembled at Oregon city have
Illuminated against and acts paper DEGREES, cbarac
erizing revolutonisis and disorganizers We do
not conceive II behtting station 10 reply IN the
spirit and language but feel assured OF one hng-that
II the difficulties and endorsements which at present
surround ever do reach the extreme that they have
nhmaied we now occupy-ihdt u.s. revolution-the peo.
pie OF this Territory viii be found the one side aud
they on the other They not amenable TO u.s. though
we alone must suffer- both from their OF judgment
and intention
Your memoralsis therefore suggest, and earnestly re-
quest the only complete remedy for our present and
past grievances, and faithful guarantee that they viii
again occur, that, al your earliest convenience your
present session, you will amend the organic act OF
voters OF this Territory vote for and elect their gov.
ernor secretary and judges, 10 hold their offices for the
same time, to receive the same salaries payable the
same time, and in the same manner al present.
Many good and substantial reasons, as your memoir
aiss conceive, demand this change. growing directly
out OF the embarrassment under which the people
labor at present by reason Of the feud existing be.
tween them and those strangers appointed TO rule over
them, and also among the latter themselves.
Independent OF this, your memonalisls are well con-
WINGED that the system OF appointments by the President OF
TO execute and conslrue laws who strangers
TO wants, our customs, our sympaihies, and our
feelings is intrnscay wrong and that IL is especially
when applied 10 Territory situated this five thou.
sand miles from the federal capital, think apparent