Page:Oregon Historical Quarterly vol. 5.djvu/154

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144
F. L. Herriott

Resolved, That the following portions of the laws of Iowa, as laid down in the statute laws of the Territory of Iowa, enacted at the first session of the legislative assembly of said Territory held at Burlington, A. D., 1838-9, published by authority, Du Buque, Bussel, and Reeves, printers, 839. Certified to be a correct copy by Wm. B. Conway, Secretary of Iowa Territory, be adopted as the laws of this Territory, viz:

There are listed by title with reference to the pages whereon found in the collection referred to in the resolution some thirty-seven laws, including those already mentioned in Articles 13, 14, and 15.[1]

This draft of a constitution or articles of government was adopted at the meeting at Champooick, July 5, 1843. The subsequent history of the Provisional Government that continued until the erection of the Territorial Government in 1848-[9] it is not necessary here to follow. The instrument underwent some changes, but none that vitally changed the character of the original "compact."[2] Under it their government, said one of their chroniclers, was "'strong without an army or navy, and rich without a treasury, ' and ' so effective that property was safe, schools established and supported, contracts enforced, debts collected, and the majesty of the law vindicated.'"[3]

The question presents itself, why did the pioneers of Oregon select the laws of Iowa for the regulation of their private and governmental affairs? Why choose the laws of Iowa


  1. The officers of the Provisional Government did not have a very staunch faith in the efficacy of the article 12 of section 2 given as we find the "Executive Committee" in their report to the legislature urging that "the militia law of Iowa" and "that the laws of Iowa be taken into consideration concerning blacks and mulattoes." See their message of June 18, 1X44, given in Bancroft's History of Oregon. Vol. I, pp. 429, 430.
  2. In 1845 the legislature refused to call their articles of government a "constitution" but referred to It in submitting a revision to the people for approval as a "compact."
  3. Quoted by Robertson: Ibid, p. 39. In the "Organic Law" drafted In June, 1845, and adopted by the people at an election July 26, all specific reference to Iowa's laws was omitted. See "organic and other general laws of Oregon," 1843-1872, pp. 46-51.