Page:History of Oregon volume 1.djvu/539

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488
AMENDMENT OF THE ORGANIC LAWS.

resolutions, were taken the longer passage by sea to Washington.


Upon the reassembling of the legislative body, Governor Abernethy, who had but recently returned from the Hawaiian Islands, sent in his first message. It referred to the adoption of the amended organic law, and the duty of the members to make their legislation conform to it; adverted to the insufficiency of the revenue, recommended taxing farms as well as cattle and merchandise, and made some suggestions with regard to regulating the time of holding courts.[1]

Owing to the refusal of McCarver to sign the document to be sent to Washington, there was a disposition to ignore his rights as speaker, and a ballot was taken, which resulted in eight votes for Gray and only one for McCarver. The protest of the speaker was met by a resolution by Applegate asking him to resign. Both proceedings were reconsidered the same day, and on the third McCarver, by a motion of Garrison, was restored to his office,[2] but tendered his resignation. Gray, who desired the speakership, voted that he be allowed to resign, but the motion being

  1. The most peculiar suggestion contained in the executive message was one concerning indebtedness, To prevent litigation arising from the facility of obtaining credit in the colony, he recommended the passage of a law which would prevent the collection of all debts or notes taken for debts contracted after its passage, by judicial process. This, he argued, would save the time and labor of the courts, and make all persons more careful as to the disposal of their property, and more punctual in the payment of debts, since if they failed once, they could expect no further favors. Allowances would be made for a man who was in misfortune, but the debtor who could pay and would not would soon find himself shunned. Some further recommendations concerning the best means of securing an effective militia, and the means of establishing common schools and building school-houses, concluded the message. Or. Archives, MS., 31-6.
  2. Applegate remarks that McCarver was found of talking, and to prevent him from taking up too much time, they made him speaker. Gray says he obtained the sobriquet of 'Old Brass Gun.' Hist. Or., 376. Roberts mentions the same thing. There are several anecdotes of McCarver. One is that when the first California con. conv., of which he was member, was in session, a proposition was made to establish the northern boundary so as to take in the Rogue River Valley; when McCarver sprang to his feet, and exclaimed, 'Mr President, as a citizen of Oregon, I protest against the segregation of that territory;' whereupon the Caiifornians named him 'the member from Oregon.'