138 FREDERICK V. HOLM AN tinue in force all its laws except those relating to the acquisi- tion of land, and excepting also a law which was passed, appar- ently February 15, 1849, the day before the final adjournment of the last Legislature of the Provisional Government, and approved February 16, 1849, "For the weighing and assaying of gold, and melting and stamping the same." (Laws of 1843- 9, page 58). Of course, this was not lawful, under the Con- stitution of the United States. But Congress had refused to extend the jurisdiction of the United States over Oregon, although the boundary treaty had been in force nearly two years and a half. There was practically no money in circula- tion, although gold dust was used, which was very unsatisfac- tory. Prior to the discovery of gold in California the only mediums of exchange were wheat, beaver skins, and store orders. The necessity of the law was its justification. It was characteristic of the early pioneers who had established and maintained this Provisional Government, because of the neces- sity of such a government but not against the United States. As the government of the United States had given them no laws they made laws for themselves. It is true no money was coined under this law, for on March 3, 1849, forty-seven days after its approval, Governor Lane, by his proclamation, placed Oregon Territory under the government of the United States and the Act organizing the Territory. CONCLUSION. It is well for us to be here and celebrate this anniversary. Whether it be the important day of the organization of the Provisional Government, is of small moment. We observe the Fourth day of July as the day of American Independence, but the American Revolutionary War had begun more than a year prior to the Declaration of Independence, and the war did not end until more than seven years thereafter, but the Fourth of July is the day we celebrate. It might well have been the date of the battle of Lexington, or the day the Treaty of Peace was ratified between Great Britain and the American Colonies. By common consent of the people of Oregon the second of May is
