Page:Centennial History of Oregon 1811-1912, Volume 1.djvu/309

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Received of collector, in taxes $313.31
For licenses for two ferries 40.00
One fine 5.00
Total $358.31
Expended for stationery $ 20.38
Mr. Hathaway's house 15.00
Judge Babcock's salary 60.00
Services of secretary in house 20.00
Total $115.38
Balance remaining in treasury $242.93

On December 20, 1844, Representative Lovejoy reports to the legislature that John McLoughlin had donated a lot in Oregon City on which to build a jail.

The bill to incorporate Oregon City was read a third time and passed on December 24, 1844, making Oregon City the oldest incorporated town on the Pacific coast, and the only town holding its charter from the provisional government.

The next session of the legislature was held at Oregon City beginning June 24, 1845. New men now began to appear in the government, among them Jesse Applegate, a native of Kentucky, but who came across the plains from Missouri in 1843, and for the first time the members of the legislature took an oath of office as follows, which oath was prepared by Mr. Applegate:

"I do solemnly swear that I will support the organic laws of the Provisional government of Oregon, so far as the said organic laws are consistent with my duties as a citizen of the United States, or a subject of Great Britain, and faithfully demean myself in office, so help me God."

One of the first resolutions at this session was offered by W. H. Gray, authorizing the appointment of a committee of five to draft a memorial and petition, to the congress of the United States, setting forth the condition, situation, relation, and wants of this country.

The name of J. W. Nesmith appears in connection with government matters for the first time and before the legislature as "judge of Oregon." There is, however, no official record of his appointment or election. Nevertheless it is certain that he was appointed supreme judge of Oregon in December, 1844, to fill the vacancy caused by the resignation of Dr. Ira L. Babcock, and that on the first Tuesday in June, 1845, he was unanimously elected to the position of circuit judge, his name being on all the tickets—printed tickets, too—the first in Oregon—two copies of which he sent back to a relative living near Cincinnati, Ohio. This statement is based upon a letter written by Nesmith on June 27, 1845.

On June 28, 1845, Representative Garrison offered the following resolutions:

"Resolved, That whereas, the people of Oregon assembled en masse, did on the 2nd day of May, 1843, resolve that no tax should be levied upon this