Page:History of Oregon volume 1.djvu/490

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PUNISHMENT OF CRIMINALS.
439

corporal punishment on all of eighteen years of age, or more, who had not left the territory within two years after the passage of the act. But finding this law to conflict with the spirit of free institutions in too great a degree, it was amended at the December session by repealing the sections making whipping the punishment for remaining in the country, and susbtituting one requiring the arrest of such contumacious negroes, their trial before a justice of the peace, and if convicted, the hiring of the offenders to the person who should give bond to remove them out of the territory within the shortest space of time, paying himself out of their services. The law was in any case inoperative for two years, during which time such changes had occurred in the territory as to do away with the motive for enforcing it.

At the December session an act was passed for erecting a jail at Oregon City with money from the estate of Ewing Young; the executive committee being required to appoint an administrator to close up the business of the estate, and collect debts due to it; and the government being pledged to pay all money so received to the lawful heirs of Young whenever

    into Oregon, the owners of such slaves respectively shall have the term of 3 years from the introduction of such slaves to remove them out of the country. Sec. 3. That if such owners of slaves shall neglect or refuse to remove such slaves from the country within the time specified in the preceding section, such slaves shall be free. Sec. 4. That when any free negro or mulatto shall have come to Oregon, he or she, as the case may be, if of the age of 18 or upwards, shall remove from the country within the term of 2 years for males, and 3 for females, from the passage of this act; and that if any free negro or mulatto shall hereafter come to Oregon, if of the age aforesaid, he or she shall quit and leave the country within the term of 2 years for males, and 3 years for females, from his or her arrival in the country. Sec. 5. That if such free negro or mulatto be under the age aforesaid, the terms of time specified in the preceding section shall begin to run when he or she shall arrive at such age. Sec. 6. That if any such free negro or mulatto shall fail to quit the country, as required by this act, he or she may be arrested upon a warrant issued by some justice of the peace, and if guilty on trial before such justice, shall receive upon his or her bare back not less than 20 nor more than 39 stripes to be inflicted by the constable of the proper county. Sec. 7. That if any free negro or mulatto shall fail to quit the country within the term of 6 months after receiving such stripes, he or she shall again receive the same punishment once in every 6 months, until he or she shall quit the country. Sec. 8. That when any slave shall obtain his or her freedom, the terms specified in the 4th section shall begin to run from the time when such freedom shall be obtained.'