Oregon Territorial Legislature
Encyclopedia
Oregon’s Territorial Legislature was a bicameral
Bicameralism
In the government, bicameralism is the practice of having two legislative or parliamentary chambers. Thus, a bicameral parliament or bicameral legislature is a legislature which consists of two chambers or houses....

 legislative body created by the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....

 in 1848 as the legislative branch of the government of the Oregon Territory
Oregon Territory
The Territory of Oregon was an organized incorporated territory of the United States that existed from August 14, 1848, until February 14, 1859, when the southwestern portion of the territory was admitted to the Union as the State of Oregon. Originally claimed by several countries , the region was...

. The upper chamber Council and lower chamber House of Representatives first met in July 1849; they served as the region's legislative body until Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...

 became a state in February 1859, when they were replaced by the bicameral Oregon State Legislature.

Ten annual sessions were held, with most starting in December and ending in February. During the sessions the capital of the territory was moved from Oregon City
Oregon City, Oregon
Oregon City was the first city in the United States west of the Rocky Mountains to be incorporated. It is the county seat of Clackamas County, Oregon...

 to Salem
Salem, Oregon
Salem is the capital of the U.S. state of Oregon, and the county seat of Marion County. It is located in the center of the Willamette Valley alongside the Willamette River, which runs north through the city. The river forms the boundary between Marion and Polk counties, and the city neighborhood...

, then briefly to Corvallis
Corvallis, Oregon
Corvallis is a city located in central western Oregon, United States. It is the county seat of Benton County and the principal city of the Corvallis, Oregon Metropolitan Statistical Area, which encompasses all of Benton County. As of the 2010 United States Census, the population was 54,462....

, and back to Salem. Legislation included the creation of new counties, the re-naming of old counties, and the authorization to hold the Oregon Constitutional Convention
Oregon Constitutional Convention
The Oregon Constitutional Convention in 1857 drafted the Oregon Constitution in preparation for the Oregon Territory to become a U.S. state. Held from mid-August through September, 60 men met in Salem, Oregon, and created the foundation for Oregon's law. The proposal passed with a vote of 35 for...

, among other acts. Membership in the Council remained at nine throughout the history of the body, while the House of Representatives membership increased from 17 to as high as 30 due to increases in population.

Background

The Provisional Government of Oregon
Provisional Government of Oregon
The Provisional Government of Oregon was a popularly elected government created in the Oregon Country, in the Pacific Northwest region of North America. It existed from May 2, 1843 until March 3, 1849. Created at a time when no country had sovereignty over the region, this independent government...

 was the region's governing body from 1843 until 1849, at the end of the region's joint settlement by Great Britain
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...

 and the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

. The Provisional Government's legislative body was the unicameral Provisional Legislature of Oregon
Provisional Legislature of Oregon
The Provisional Legislature of Oregon was the single-chamber legislative body of the Provisional Government of Oregon. It served the Oregon Country of the Pacific Northwest of North America from 1843 until early 1849 at a time when no country had sovereignty over the region...

.

In 1846 the United States and Great Britain settled the Oregon Question
Oregon boundary dispute
The Oregon boundary dispute, or the Oregon Question, arose as a result of competing British and American claims to the Pacific Northwest of North America in the first half of the 19th century. Both the United Kingdom and the United States had territorial and commercial aspirations in the region...

 with the Oregon Treaty
Oregon Treaty
The Oregon Treaty is a treaty between the United Kingdom and the United States that was signed on June 15, 1846, in Washington, D.C. The treaty brought an end to the Oregon boundary dispute by settling competing American and British claims to the Oregon Country, which had been jointly occupied by...

. The treaty created a boundary between British North America
British North America
British North America is a historical term. It consisted of the colonies and territories of the British Empire in continental North America after the end of the American Revolutionary War and the recognition of American independence in 1783.At the start of the Revolutionary War in 1775 the British...

 and the United States west of the Rocky Mountains
Rocky Mountains
The Rocky Mountains are a major mountain range in western North America. The Rocky Mountains stretch more than from the northernmost part of British Columbia, in western Canada, to New Mexico, in the southwestern United States...

 at the 49th parallel
Circle of latitude
A circle of latitude, on the Earth, is an imaginary east-west circle connecting all locations that share a given latitude...

. Two years later on August 14, 1848 the Organic Act was signed into law by President James K. Polk
James K. Polk
James Knox Polk was the 11th President of the United States . Polk was born in Mecklenburg County, North Carolina. He later lived in and represented Tennessee. A Democrat, Polk served as the 17th Speaker of the House of Representatives and the 12th Governor of Tennessee...

 creating the Oregon Territory out of the lands south of the 49th parallel, north of the 42nd parallel (northern boundary of California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...

) and west of the Rockies to the Pacific Ocean
Pacific Ocean
The Pacific Ocean is the largest of the Earth's oceanic divisions. It extends from the Arctic in the north to the Southern Ocean in the south, bounded by Asia and Australia in the west, and the Americas in the east.At 165.2 million square kilometres in area, this largest division of the World...

. The structural framework for the government came from the Northwest Ordinance
Northwest Ordinance
The Northwest Ordinance was an act of the Congress of the Confederation of the United States, passed July 13, 1787...

, passed in 1787, which created the Northwest Territory
Northwest Territory
The Territory Northwest of the River Ohio, more commonly known as the Northwest Territory, was an organized incorporated territory of the United States that existed from July 13, 1787, until March 1, 1803, when the southeastern portion of the territory was admitted to the Union as the state of Ohio...

. The Territorial Legislature then worked within the legal framework of the Organic Laws of Oregon
Organic Laws of Oregon
The Organic Laws of Oregon were two sets of laws passed in the 1840s that established a structure for government in the Oregon Country in the northwest corner of North America. These laws were created by a legislative committee formed after the Champoeg Meetings...

. These laws were the de facto constitution of the Provisional Government. These laws were determined to be valid by Territorial Governor Joseph Lane
Joseph Lane
Joseph Lane was an American general during the Mexican-American War and a United States Senator from Oregon.-Early life:...

 when he arrived in the territory in 1849 and effectuated the beginning of United States control and government in Oregon Country
Oregon Country
The Oregon Country was a predominantly American term referring to a disputed ownership region of the Pacific Northwest of North America. The region was occupied by British and French Canadian fur traders from before 1810, and American settlers from the mid-1830s, with its coastal areas north from...

.

Structure

The legislature had two chambers: the larger, lower
Lower house
A lower house is one of two chambers of a bicameral legislature, the other chamber being the upper house.Despite its official position "below" the upper house, in many legislatures worldwide the lower house has come to wield more power...

 House of Representatives, and the upper chamber
Upper house
An upper house, often called a senate, is one of two chambers of a bicameral legislature, the other chamber being the lower house; a legislature composed of only one house is described as unicameral.- Possible specific characteristics :...

 Council. The Council consisted of nine members, apportioned among the territory's counties. The House had about twice as many members, also apportioned by counties. As the population increased and counties added, the number of legislators in the House was expanded.

Sessions

Though the Oregon Territory was created in August 1848, the territorial government did not arrive and assume power until Joseph Lane arrived on March 2, 1849. The first session of the Legislature convened on July 16, 1849 in Oregon City
Oregon City, Oregon
Oregon City was the first city in the United States west of the Rocky Mountains to be incorporated. It is the county seat of Clackamas County, Oregon...

. Thereafter, regular sessions were held during the winter months of December, January, and February, with special session
Special session
In a legislature, a special session is a period when the body convenes outside of the normal legislative session. This most frequently occurs in order to complete unfinished tasks for the year , such as outlining the government's budget for the next fiscal year, biennium, or other period...

s in May 1850 and July 1852.

1849

The first session met from July 16 to September 29 in Oregon City at the Methodist Church. During this session two of the original districts were renamed with Tuality (or Tualatin) County becoming Washington County
Washington County, Oregon
- Major highways :* Interstate 5* Interstate 205* U.S. Route 26* Oregon Route 6* Oregon Route 8* Oregon Route 10* Oregon Route 47* Oregon Route 99W* Oregon Route 210* Oregon Route 217* Oregon Route 219-Demographics:...

 and Champoeg County becoming Marion County
Marion County, Oregon
Marion County is a county located in the U.S. state of Oregon. It was originally named the Champooick District, after Champoeg, a meeting place on the Willamette River. On September 3, 1849, the territorial legislature renamed it in honor of Francis Marion, a Continental Army general of the...

. Also during the 1849 session Vancouver County on the north side of the Columbia River
Columbia River
The Columbia River is the largest river in the Pacific Northwest region of North America. The river rises in the Rocky Mountains of British Columbia, Canada, flows northwest and then south into the U.S. state of Washington, then turns west to form most of the border between Washington and the state...

 was renamed Clarke County
Clark County, Washington
Clark County is a county located in the southwestern part of the U.S. state of Washington, across the Columbia River from Portland, Oregon.Clark County was the first county of Washington, named after William Clark of the Lewis and Clark Expedition...

 with the “e” later dropped. Additionally, the legislators continued the policy of the Provisional Government and passed a law in September excluding blacks
African American
African Americans are citizens or residents of the United States who have at least partial ancestry from any of the native populations of Sub-Saharan Africa and are the direct descendants of enslaved Africans within the boundaries of the present United States...

 from settling in the Oregon Territory, but allowed those already in the region to remain. The law was later repealed in 1854, but a new version was added in 1857 when Oregon ratified its constitution
Oregon Constitution
The Oregon Constitution is the governing document of the U.S. state of Oregon, originally enacted in 1857. As amended the current state constitution contains eighteen sections, beginning with a bill of rights. This contains most of the rights and privileges granted in the United States Bill of...

 in preparation for statehood. Asa Lovejoy
Asa Lovejoy
Asa Lawrence Lovejoy was an American pioneer and politician in the region that would become the U.S. state of Oregon. He is best remembered as a founder of the city of Portland, Oregon...

 served as the speaker
Speaker (politics)
The term speaker is a title often given to the presiding officer of a deliberative assembly, especially a legislative body. The speaker's official role is to moderate debate, make rulings on procedure, announce the results of votes, and the like. The speaker decides who may speak and has the...

 of the House, and Samuel Parker
Samuel Parker (Oregon politician)
Samuel Parker was an American pioneer of the Oregon Country, in what was to become the state of Oregon. Parker would later participate in the legislatures of the provisional, territorial, and state governments of Oregon.-Early life:...

 as the President of the Council.

1850

From December 2, 1850 to February 8, 1851, the second session of the legislature gathered in Oregon City. During the session on February 4, 1851, the Legislature created Pacific County north of the Columbia River. This new county with, Pacific City, as the county seat, was created out of the southwest corner of Lewis County
Lewis County, Washington
Lewis County is a county located in the U.S. state of Washington. As of 2010, the population was 75,455. The county seat is at Chehalis, and its largest city is Centralia....

. At that time only Clark
Clark County, Washington
Clark County is a county located in the southwestern part of the U.S. state of Washington, across the Columbia River from Portland, Oregon.Clark County was the first county of Washington, named after William Clark of the Lewis and Clark Expedition...

, Lewis, and Clackamas
Clackamas County, Oregon
Clackamas County is a county located in the U.S. state of Oregon. The county was named after the Native Americans living in the area, the Clackamas Indians, who were part of the Chinookan people. As of 2010, the population was 375,992...

 counties existed in what is now Washington state. In March 1853, Pacific County became part of Washington Territory
Washington Territory
The Territory of Washington was an organized incorporated territory of the United States that existed from February 8, 1853, until November 11, 1889, when the final extent of the territory was admitted to the Union as the State of Washington....

 when that territory was created out of the Oregon Territory. Also during the 1850 to 1851 session the legislature created Umpqua County
Umpqua County, Oregon
Umpqua County was a county located in the U.S. state of Oregon. It was created on January 24, 1851, by the Oregon Territorial Legislature embracing the lands along the Umpqua River in southwestern Oregon. Gold had been discovered in the Umpqua region, which brought a rapid increase of settlers to...

, south of Benton County
Benton County, Oregon
-National protected areas:*Siuslaw National Forest *William L. Finley National Wildlife Refuge-Demographics:As of the census of 2000, there were 78,153 people, 30,145 households, and 18,237 families residing in the county. The population density was 116 people per square mile . There were 31,980...

, as well as Lane County
Lane County, Oregon
-National protected areas:*Oregon Islands National Wildlife Refuge *Siuslaw National Forest *Umpqua National Forest *Willamette National Forest -Government:...

. W. W. Buck served as the President of the Council, Ralph Wilcox as the Speaker of the House.

1851

The 1851 Legislature met from December 1, 1851 to January 21, 1852, at the Oregon Institute
Oregon Institute
The Oregon Institute was a school located in the Willamette Valley of the Oregon Country during the 19th century. Begun in 1842, it was the first school built for European-Americans west of Missouri. Founded by members of the Methodist Mission, it was located in what is now Salem, Oregon, United...

 in Salem
Salem, Oregon
Salem is the capital of the U.S. state of Oregon, and the county seat of Marion County. It is located in the center of the Willamette Valley alongside the Willamette River, which runs north through the city. The river forms the boundary between Marion and Polk counties, and the city neighborhood...

. On January 12, 1852, the body created Jackson County
Jackson County, Oregon
-National protected areas:* Cascade–Siskiyou National Monument* Crater Lake National Park * Klamath National Forest * Rogue River-Siskiyou National Forest * Umpqua National Forest -Demographics:...

 in the southwest section of the territory. They also re-named Umpqua County to Douglas County in honor of Senator Stephen A. Douglas
Stephen A. Douglas
Stephen Arnold Douglas was an American politician from the western state of Illinois, and was the Northern Democratic Party nominee for President in 1860. He lost to the Republican Party's candidate, Abraham Lincoln, whom he had defeated two years earlier in a Senate contest following a famed...

. In the beginning of a years-long debate over which city would be the capital, during this session in 1852 the Democrats passed a bill that moved the capital
Oregon State Capitol
The Oregon State Capitol is the building housing the state legislature and the offices of the governor, secretary of state, and treasurer of the U.S. state of Oregon. It is located in the state capital, Salem. The current building, constructed from 1936 to 1938, and expanded in 1977, is the third...

 of the Territory to Salem. This was after the Democrats, who accounted for the majority of legislators, first convened a session of the Legislature in Linn City
Linn City, Oregon
Linn City was a community in Clackamas County, Oregon, United States, that existed from 1843-1861. The former site of Linn City was incorporated into the city of West Linn.-History:...

 on the opposite bank of the Willamette River
Willamette River
The Willamette River is a major tributary of the Columbia River, accounting for 12 to 15 percent of the Columbia's flow. The Willamette's main stem is long, lying entirely in northwestern Oregon in the United States...

 from Oregon City without the Whigs
Whig Party (United States)
The Whig Party was a political party of the United States during the era of Jacksonian democracy. Considered integral to the Second Party System and operating from the early 1830s to the mid-1850s, the party was formed in opposition to the policies of President Andrew Jackson and his Democratic...

. Samuel Parker served as the President of the Council with William M. King as the Speaker of the House.

1852

In 1852 the Legislature met from December 6, 1852 until February 3, 1853 in Oregon City. On December 22, the two chambers passed an act to dissolve the marriage between David S. Maynard and Lydia A. Maynard, which would later become an issue that worked its way to the United States Supreme Court in the case of Maynard v. Hill. Matthew Deady
Matthew Deady
Matthew Paul Deady was a politician and jurist in the Oregon Territory and the state of Oregon of the United States. He served on the Oregon Supreme Court from 1853 to 1859, at which time he was appointed to the newly created federal court of the state...

 served as the President of the Council with Benjamin F. Harding
Benjamin F. Harding
Benjamin Franklin Harding was an American attorney and politician born in Pennsylvania. He held political offices in the Oregon Territory and later served as a United States Senator from the state of Oregon.-Early life:...

 as the Speaker of the House for the session.

1853

On March 2, 1853, Washington Territory
Washington Territory
The Territory of Washington was an organized incorporated territory of the United States that existed from February 8, 1853, until November 11, 1889, when the final extent of the territory was admitted to the Union as the State of Washington....

 was created out of the northern and eastern portions of Oregon Territory, eliminating those counties from the Oregon Legislature. The 1853 Legislature met in Salem from December 5, 1853 to February 2, 1854. The legislature created Coos County in southwestern Oregon on the Oregon Coast
Oregon Coast
The Oregon Coast is a region of the U.S. state of Oregon. It runs generally north-south along the Pacific Ocean, forming the western border of the state; the region is bounded to the east by the Oregon Coast Range. The Oregon Coast stretches approximately from the Columbia River in the north to...

 on December 22, 1853, and Columbia County was created out of the northern portion of Washington County by an act of the body on January 16, 1854. Ralph Wilcox served as the President of the Council with C. Z. Bishop as the Speaker of the House.

1854

In 1854 the Legislature met in Salem from December 4, 1854 to February 1, 1855. On January 11, 1855, the legislature created Wasco County
Wasco County, Oregon
Wasco County is a county located in the U.S. state of Oregon. The county is named for a local tribe of Native Americans, the Wasco, a Chinook tribe who lived on the south side of the Columbia River. In 2010, its population was 25,213...

 which at the time encompassed all of Eastern Oregon
Eastern Oregon
Eastern Oregon is the eastern part of the U.S. state of Oregon. It is not an officially recognized geographic entity, thus the boundaries of the region vary according to context. It is sometimes understood to include only the eight easternmost counties in the state; in other contexts, it includes...

. Multnomah County was created during this session on December 22, 1854, with eastern Washington County being combined with the northern section of Clackamas County. A bill was submitted during the session to submit to voters the question of holding a convention to draft a constitution in an effort to attain statehood, but the bill was defeated. James K. Kelly served as the President of the Council with L. F. Cartee as the Speaker of the House.

1855

The 1855 legislative session began in Corvallis
Corvallis, Oregon
Corvallis is a city located in central western Oregon, United States. It is the county seat of Benton County and the principal city of the Corvallis, Oregon Metropolitan Statistical Area, which encompasses all of Benton County. As of the 2010 United States Census, the population was 54,462....

 in the ongoing dispute over which city would become the capital. Late in December the body moved back to Salem where the capitol building was nearing completion, but the building burned down on December 29, 1855. The session began on December 3 and ended on January 31, 1856. On December 18, 1855, the legislature separated the southern part of Coos County, creating Curry County, and then on January 22, 1856, created Josephine County out of the western portion of Jackson County. The legislature tried again to settle the question of holding a constitutional convention, and again it was defeated. During this session A. P. Dennison served as the Council president, with the Speaker of the House being Delazon Smith.

1856

Beginning on December 1, 1856, the legislature met in Salem, using rented space, remaining in session until January 29, 1857. The legislature again addressed the question of holding a constitutional convention, and during this session it passed with the citizens then voted in favor of the resolution on June 1, 1857, with a convention to be held later in the year. During the session James Kerr Kelly served as the Council president, with the Speaker of the House position held by La Fayette Grover
La Fayette Grover
La Fayette Grover was a Democratic politician and lawyer from the US state of Oregon. He was the fourth Governor of Oregon, serving from 1870 to 1877...

.

1857

On December 7, 1857, the legislature began their session in Salem, lasting through February 5, 1858. During the session Hugh D. O'Bryant served as president of the Council chamber, with the Speaker of the House position held by Ira F. M. Butler.

1858

On August 17, 1857, the Oregon Constitutional Convention
Oregon Constitutional Convention
The Oregon Constitutional Convention in 1857 drafted the Oregon Constitution in preparation for the Oregon Territory to become a U.S. state. Held from mid-August through September, 60 men met in Salem, Oregon, and created the foundation for Oregon's law. The proposal passed with a vote of 35 for...

 convened in Salem with the task of creating a constitution in order for Oregon to become a state. The Convention accomplished this task and submitted the final document to the voters of the territory for approval on November 9, 1857, when it was approved and then sent to the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...

 for approval. Once approved by the Federal government, Oregon would become a state. However, communications between the East Coast and West Coast were still slow, and those elected as state officials had to wait for word of Oregon’s admission to the Union before they could formally begin their service. The state legislators meet twice before admission, from July 6 to July 9, and September 13 & 14. They met and adjourned once there was no word on Oregon’s statehood. The Territorial Legislature then met starting on December 6, 1858 for their final session. Previously in Oregon's government, the authority to dissolve a marriage was vested in the legislature, and during this final session the legislators granted 31 divorces before the authority shifted to the courts upon statehood. This session lasted until January 22, 1859, during which Charles Drain served as Council President and N. H. Gates was Speaker of the House.

Aftermath

Oregon was then admitted to the Union on February 14, 1859, and the elected state officials and legislators took over governing the now state. The first session of the Oregon Legislative Assembly
Oregon Legislative Assembly
The Oregon Legislative Assembly is the state legislature for the U.S. state of Oregon. The Legislative Assembly is bicameral, consisting of an upper and lower house: the Senate, whose 30 members are elected to serve four-year terms; and the House of Representatives, with 60 members elected to...

began on May 16, 1859, in a special session that lasted until June 4. Oregon’s first regular session of the biennial legislature occurred from September 10 through October 19, 1860.
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