Page:Catholic Encyclopedia, volume 11.djvu/323

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Indians when an epidemic carried off a large number of the tribe. They were accustomed to kill the "medicine man" who failed to cure. Besides, the Indians were rendered hostile by the encroachments of the whites. The immediate cause of the massacre seems to have been the story of Jo Lewis, an Indian who had the freedom of the mission and who reported that he overheard a conversation of Whitman and Spalding, in which Whitman said he would kill off the Indians so that the whites could get their land. The massacre took place on 29 November, 1847. Dr. and Mrs. Whitman and several others were brutally slain. Spalding was saved only by the prudence of Father Brouillet whose mission was near by. Spalding seems to have been crazed by the outrage. He began to charge the Catholic priests with instigating the massacre. There had been hard feelings before between the missionary forces, but now the embers were fanned into a flame and, in spite of the fact that all serious historians have exonerated the Catholic missions of the slightest complicity in the outrage, Spalding's ravings instilled a prejudice which half a century has been required to obliterate.

Nearly twenty years after Whitman's death Spalding originated a new story of Whitman's services in saving Oregon to the United States, in which the Catholics were again brought into prominence. History will be searched in vain , says Bourne, for a more extraordinary growth of fame after death. The story as published in 1865 by Spalding represents that in autumn, 1842, Whitman was aroused by discovering that the Hudson's Bay Co. and the Catholic missionary forces were planning to secure the Oregon Country for England. He immediately set out for Washington to urge the importance of Oregon to the United States and to conduct a band of immigrants across the plains to settle the country with Americans. It is represented further that he found Webster ready to exchange Oregon for some cod fisheries on the shores of Newfoundland and some concessions in settling the boundary of Maine. Whitman, however, had recourse to President Tyler, who promised to delay the negotiations between Webster and Ashburton until Whitman could demonstrate the possibility of leading a band of emigrants to the north-west. Finally, the legend relates that Whitman organized a great band of immigrants and conducted them to Oregon in 1843, thus proving to the authorities at Washington the accessibility of the disputed territory and filling the territory with American home builders. Thus Oregon was saved to the United States. Every detail of this story has now been completely discredited by critical historians. The core of fact consists merely in this, that in 1842 Whitman went east to plead with the authorities of the American Board not to close down the southern section of his mission, and on his return to Oregon in 1843 he happened in with a band of immigrants who had assembled under the leadership of Peter Burnett. The legend is gradually being expunged from school books.

GOVERNMENT AND LEGISLATION

In 1843 a provisional government with an executive council was organized by the settlers in the Willamette Valley. Two years later a governor was chosen who held office until the Oregon Territory was organized under the U. S. Government on 14 August, 1848. Lane, the first governor of the territory, arrived in 1849. Oregon was admitted as a State 14 February 1859, with its present boundaries. The primary election law is in operation, and there is a provision that the state legislators may obligate themselves with the constituencies under Statement No. 1, to cast their ballot for United State Senator for the candidate receiving the highest popular vote at the primary election. Thus it happened that United State Senator Geo. E. Chamberlain was elected in 1907 representing the minority party in the state legislature. The initiative and referendum obtain, and a large number of measures are brought before the people by petition under the initiative power. The state legislature provides a subsidy for institutions caring for dependent and delinquent minors.

Freedom of Worship is provided for in the Bill of Rights in the Oregon Constitution. By its provisions all persons are secured in their natural right to worship Almighty God according to the dictates of their own conscience . No law shall in any case control the free exercise and enjoyment of religious opinion. No religious test shall be required as a qualification for any office of trust or profit. No money shall be drawn from the treasury for the benefit of any religious or theological institution, nor shall money be appropriated for the payment of religious services in either houses of the legislative assembly. But by recent enactment the salaries of two chaplains, one a Catholic, the other a non-Catholic, for the State Penitentiary is provided for at the expense of the State. The Constitution further provides that no person shall be rendered incompetent as a witness or juror in consequence of his religious opinions, nor be questioned in any court of justice touching his religious belief to affect the weight of his testimony. Oaths and affirmations shall be such as are most consistent with and most binding upon the consciences of the persons to whom they are administered. No law shall be passed restraining freedom to express opinions, or the right to speak, write, or print freely on any subject, but every person shall be held responsible for the abuse of this right. Persons whose religious tenets or conscientious scruples forbid them to bear arms shall not be compelled to do so in time of peace, but shall pay an equivalent for personal service.

There are many enactments regarding the observance of Sunday. The Sundays of the year as well as Christmas are legal and judicial holidays. No person may keep open a house or room in which liquor is retailed on Sunday — the penalty being a fine which goes to the school fund of the county in which the offence is committed. In general it is illegal to keep open on Sunday any establishment "for the purpose of labor or traffic", except drug stores, livery stables, butcher and bakery shops, etc.

The seal of the confessional is guarded by the following provision: "A priest or clergyman shall not, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs."

Persons over eighteen years of age may dispose of goods and chattels by will. A person of twenty-one years of age and upwards and of sound mind may by last will devise all his estate, real and person, saving to the widow her dower. The will must be in writing. It must be signed by the testator or by some other person under his direction and in his presence, and also by two or more competent witnesses subscribing their names in presence of the testator.

Divorce

The following grounds are recognized in Oregon for the dissolution of marriage: (1) Impotency existing at the time of marriage and continuing to the time of suit. (2) Adultery. (3) Conviction of felony. (4) Habitual gross drunkenness contracted since marriage. (5) Willful desertion for one year. (6) Cruel and inhuman treatment or personal indignities rendering life burdensome (Bellinger and Cottan, Annotated Codes and Statutes of Oregon.)

CATHOLIC EDUCATION

One of the earliest cares of Vicar-General Blanchet on arriving in Oregon was the Christian education of the youth committed to his charge. In autumn, 1843, it was decided to open a school for boys at St. Paul. On 17 October in that year, the vicar-general opened St. Joseph's College with solemn blessing and placed Father Langlois in charge. On the opening day thirty boys entered as