Page:Oregon Historical Quarterly vol. 5.djvu/156

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146
F. L. Herriott

the statutes.[1] So that it is not at all improbable the pioneer law-makers of Oregon had only the choice of the Iowa statutes or nothing.

Another explanation may be ventured, however, that is worthy of consideration. As previously stated, Senator Lewis V. Linn, of Missouri, was an ardent champion of the establishment of our national authority in the disputed region in the Northwest. Between February 7, 1838, and his death in 1843, he introduced a number of bills and resolutions, and made various reports, all looking to the same end. On December 16, 1841, Senator Linn introduced a bill in the Senate relative to the Oregon Territory that, among other provisions, extended the civil and criminal laws of Iowa over all of the territory west of the Missouri River, south of latitude 49 degrees, north of the boundary of Texas and east of the Rocky Mountains. In addition, the jurisdiction of Iowa was extended over all the country from the mountains to the ocean between latitudes 42 and 54 degrees. The bill also provided that two associate justices of the supreme court of Iowa, in addition to those already appointed for Iowa, were to be placed in charge of two judicial districts to be established in the region there specified, wherein they were to conduct district courts after the manner pursued in the courts of Iowa. This bill was referred to a select committee which reported favorably, but before it came up for consideration, Lord Ashburton arrived in Washington to negotiate with Webster with a view to an adjustment of the boundary disputes then endangering the peace between England and the United States. On account of the delicate situation the Senate did not debate the Linn bill until 1843, when, after a lively debate, the bill passed the Senate February 3, 1843, by a vote of 24 to 22;[2] but it failed in the House.


  1. Annals, vol. V, 3d series, p. 358. Note of the writer In "Chapters in Iowa's Financial History."
  2. See Benton's "Thirty Years View," vol. II, pp. 470-482, where the bill is given in part. There is no indication in Senator Linn's speech of the reasons that led him to provide for the adoption of the laws of Iowa. See Linn's speech in reply to that of Senator McDuffIe in opposition: Congressional Globe, 1842-43; pp. 149-155.