Page:Oregon Historical Quarterly vol. 5.djvu/153

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Transplanting Iowa's Laws to Oregon.
143

society somewhat after the fashion dreamed of by Rousseau; and what is inure, we perceive some of the notions expounded by the French philosopher. The document presented sets forth exalted principles of civil liberties and righteousness.

We, the people of Oregon Territory, for purposes of mutual protect inn. and to secure peace and prosperity among ourselves, agree to adopt the following laws and regulations until such time as the United States of America extends their jurisdiction over us.

Be it therefore enacted by the free citizens of Oregon Territory:

For the purpose of fixing the principles of civil and religious liberty, as the basis of all laws and constitutions of government that may hereafter be adopted.

Be it enacted that the following articles be considered as the articles of a compact, among free citizens of this Territory.[1]

There then follow a series of articles specifying the fundamental rights and privileges that should never be denied to the inhabitants of the Territory, and setting forth in considerable detail the nature, powers and methods of administration of a number of offices of the new government. Article 12 of section 2 of the proposed Articles, reads as follows:

The laws of Iowa Territory shall be the laws of this Territory, in civil, military, and criminal caws; where not otherwise provided for. and where no statute of Iowa applies, the principles of commono law and equity shall govern.[2]

After this comprehensive section the committee with superfluous caution proceeds to particularize a number of the statutes of Iowa that shall be the law under the new government, e.g. those relative to weights and measures, to wills and testaments, vagrants, elections, etc. Then again in Article 19 the following resolution is inserted:


  1. The extracts from the "Report" of the legislative committee given above are taken from a typewritten copy given the Historical Department of Iowa by Professor Edmond S. Meany, Head of the Department of History in the University of Washington.
  2. [A note In J. Henry Brown's "Political History of Oregon"—Provisional Government, vol. 1, p. lO2, says: "There was only one law book at this time in Oregon and that wan a copy of the Statutes of Iowa."—Editor]