Organic Laws of Oregon
Encyclopedia
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
. At the last Champoeg Meeting in May 1843, the majority of voters from among the settlers of the Oregon Country voted to create what became the Provisional Government of Oregon
. Laws were drafted by the committee and accepted by a popular vote in July. These laws were reformed by a second version in 1845.
The Organic Laws were based on the laws of Iowa Territory
and compartmentalized the government into three branches consisting of an executive branch, a legislative branch
, and a judiciary. Once the Oregon Territory
was formed in 1848, the territorial government took control of the laws and invalidated only one provision of the Organic Laws. On February 14, 1859, Oregon
became a state and the Oregon Constitution
became the legal framework for the state.
on French Prairie
in the Willamette Valley
. The first meetings were held in part as a response to the death of Ewing Young who had died without a will
. In February 1841 a probate judge was appointed along with a few other positions, but no further movement towards a government occurred.
On February 2, 1843, a new series of meetings began with a gathering at the Oregon Institute
in what is now Salem
to discuss problems with predatory animals attacking livestock. Meetings continued in the valley over the next few months until a large general meeting was held at Champoeg on May 2, 1843. A proposal for forming a provisional government was discussed and eventually a committee recommendation to form a government was put to a vote with the tally being 52 votes in favor of forming a government with 50 votes against the formation. This vote created the Provisional Government of Oregon.
, Robert Shortess, Alanson Beers
, William H. Gray
, James A. O'Neil
, Robert Newell
, Thomas J. Hubbard
, William Dougherty, and Robert Moore
who was elected as the chairman of the committee. Each member was to be paid $1.25 per day for their services with the first meeting held May 15, 1843. On July 4 a new gathering began at Champoeg with speeches for and against the proposals of the committee. Then on July 5, 1843 the Organic Laws of Oregon are adopted by popular vote after being recommended by the Legislative Committee, with the laws modeled after Iowa’s Organic Law and the Ordinance of 1787, creating the de facto first Oregon constitution.
Section I of the laws had five articles and a preamble. This section guaranteed freedom of religion, the right to a trial by jury, the right to the writ of Habeas corpus
, no cruel or unnatural punishment among other bill of rights types of laws. It also encouraged education, prohibited slavery except as punishment for crimes, and several measures dealing with Native Americans such as guaranteeing their property rights.
Section II had eighteen articles dealing mainly with the structure of the Provisional Government. Articles 1 through 4 covered the elections of officers and who was allowed to vote. Article 5 created the Executive Committee of three people to act in place of a single executive. Article 6 formed the legislature
with Article 7 outlining the courts. Articles 8 through 11 establish and define the offices of treasurer and recorder, and 12 through 15 outline what laws of Iowa are adopted. Article 16 regulated the Supreme Court sessions with two session held annually. Article 17 contained the laws regulating marriage where men 16 years and older and women 14 years or older were allowed to marry, with parental consent until reaching age 21. It cost $1 dollar to marry and 50¢ to record the marriage.
The laws also divided the region into four districts, called for a subscription of settlers to pay for the government, and named the region Oregon Territory. Lastly, two other sections created a militia and outlined land claims. The militia was to consist of one battalion with control of the military under the Executive Committee. The land laws limited settlers to one land claim with a maximum of 640 acres (2.6 km²) and required improvements to the land within six months of recording a land claim.
in 1849, he approved the Organic Laws as the basis of law in the Oregon Territory
. These laws would play a part in the determination of where the capital
would be located. The Oregon Constitutional Convention
in 1857 created a new Constitution that was passed by the people of Oregon on November 9, 1857, and became effective upon statehood on February 14, 1859, usurping the Organic Laws of Oregon.
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...
in the northwest corner of North America
North America
North America is a continent wholly within the Northern Hemisphere and almost wholly within the Western Hemisphere. It is also considered a northern subcontinent of the Americas...
. These laws were created by a legislative committee formed after the Champoeg Meetings
Champoeg Meetings
The Champoeg Meetings in Oregon Country were the first attempts at governing in the Pacific Northwest by United States European-American pioneers. Prior to this, the closest entity to a government was the Hudson's Bay Company, mainly through Dr...
. At the last Champoeg Meeting in May 1843, the majority of voters from among the settlers of the Oregon Country voted to create what became 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...
. Laws were drafted by the committee and accepted by a popular vote in July. These laws were reformed by a second version in 1845.
The Organic Laws were based on the laws of Iowa Territory
Iowa Territory
The Territory of Iowa was an organized incorporated territory of the United States that existed from July 4, 1838, until December 28, 1846, when the southeastern portion of the territory was admitted to the Union as the State of Iowa.-History:...
and compartmentalized the government into three branches consisting of an executive branch, a legislative branch
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...
, and a judiciary. Once 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...
was formed in 1848, the territorial government took control of the laws and invalidated only one provision of the Organic Laws. On February 14, 1859, 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 and the Oregon 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...
became the legal framework for the state.
Background
In 1841 a series of meetings were held at ChampoegChampoeg, Oregon
Champoeg is a former town in the U.S. state of Oregon. Now a ghost town, it was an important settlement in the Willamette Valley in the early 1840s. It is positioned halfway between Oregon City and Salem and the site of the first provisional government of the Oregon Country...
on French Prairie
French Prairie
French Prairie is a prairie located in Marion County, Oregon, United States, in the Willamette Valley between the Willamette River and the Pudding River, north of Salem...
in the Willamette Valley
Willamette Valley
The Willamette Valley is the most populated region in the state of Oregon of the United States. Located in the state's northwest, the region is surrounded by tall mountain ranges to the east, west and south and the valley's floor is broad, flat and fertile because of Ice Age conditions...
. The first meetings were held in part as a response to the death of Ewing Young who had died without a will
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
. In February 1841 a probate judge was appointed along with a few other positions, but no further movement towards a government occurred.
On February 2, 1843, a new series of meetings began with a gathering 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 what is now 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...
to discuss problems with predatory animals attacking livestock. Meetings continued in the valley over the next few months until a large general meeting was held at Champoeg on May 2, 1843. A proposal for forming a provisional government was discussed and eventually a committee recommendation to form a government was put to a vote with the tally being 52 votes in favor of forming a government with 50 votes against the formation. This vote created the Provisional Government of Oregon.
First organic laws
With the formation of the Provisional Government, a committee of nine individuals were elected to frame the laws of the government. This Legislative Committee consisted of David HillDavid Hill (Oregon politician)
David Hill , was an American pioneer and settler of what became Hillsboro, Oregon, United States. He served in the Provisional Government of Oregon in both the executive and legislative branches, and later as a legislator in the first Oregon Territorial Legislature...
, Robert Shortess, Alanson Beers
Alanson Beers
Alanson Beers was an American pioneer and politician in the early days of the settlement of the Oregon Country. A blacksmith by trade, he was a reinforcement for the Methodist Mission in what would become the state of Oregon...
, William H. Gray
William H. Gray (Oregon politician)
William Henry Gray was a pioneer of the Oregon Country in the present-day U.S. state of Oregon. He was an active participant in the efforts to organize a government in the region....
, James A. O'Neil
James A. O'Neil
James A. O’Neil was an American businessman and politician in the Oregon Country and later Oregon Territory. A New York native, he took part in the Champoeg Meetings and helped form the Provisional Government of Oregon...
, Robert Newell
Robert Newell (Oregon politician)
Robert "Doc" Newell , was an American politician and fur trapper in the Oregon Country. He was a frontier doctor in what would become the U.S. state of Oregon. A native of Ohio, he served in the Provisional Government of Oregon and later was a member of the Oregon State Legislature...
, Thomas J. Hubbard
Thomas J. Hubbard
Thomas Jefferson Hubbard was an Oregon pioneer and politician who was acquitted of murder charges in the first American murder trial in what is now the state of Oregon. At the trial the murder was determined to be justifiable homicide....
, William Dougherty, and Robert Moore
Robert Moore (Oregon pioneer)
Robert Moore was an American politician and pioneer in the Oregon Country. A Pennsylvania native and veteran of the War of 1812, he also participated in the early movements to form a government in Oregon Country and founded Linn City, Oregon...
who was elected as the chairman of the committee. Each member was to be paid $1.25 per day for their services with the first meeting held May 15, 1843. On July 4 a new gathering began at Champoeg with speeches for and against the proposals of the committee. Then on July 5, 1843 the Organic Laws of Oregon are adopted by popular vote after being recommended by the Legislative Committee, with the laws modeled after Iowa’s Organic Law and the Ordinance of 1787, creating the de facto first Oregon constitution.
Section I of the laws had five articles and a preamble. This section guaranteed freedom of religion, the right to a trial by jury, the right to the writ of Habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
, no cruel or unnatural punishment among other bill of rights types of laws. It also encouraged education, prohibited slavery except as punishment for crimes, and several measures dealing with Native Americans such as guaranteeing their property rights.
Section II had eighteen articles dealing mainly with the structure of the Provisional Government. Articles 1 through 4 covered the elections of officers and who was allowed to vote. Article 5 created the Executive Committee of three people to act in place of a single executive. Article 6 formed the legislature
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...
with Article 7 outlining the courts. Articles 8 through 11 establish and define the offices of treasurer and recorder, and 12 through 15 outline what laws of Iowa are adopted. Article 16 regulated the Supreme Court sessions with two session held annually. Article 17 contained the laws regulating marriage where men 16 years and older and women 14 years or older were allowed to marry, with parental consent until reaching age 21. It cost $1 dollar to marry and 50¢ to record the marriage.
The laws also divided the region into four districts, called for a subscription of settlers to pay for the government, and named the region Oregon Territory. Lastly, two other sections created a militia and outlined land claims. The militia was to consist of one battalion with control of the military under the Executive Committee. The land laws limited settlers to one land claim with a maximum of 640 acres (2.6 km²) and required improvements to the land within six months of recording a land claim.
Second organic laws
During 1845 the Legislative Committee made revisions to the Organic Laws, but they did not have the power to implement these changes. They needed the approval of the citizens to enact the changes. On July 26, 1845 a public vote passed the amended Organic Laws of Oregon. One change was that the Legislative Committee was replaced by a House of Representatives that would have thirteen to 61 members with the authority to change the laws by vote without a need to submit changes to a popular vote of the people. The other major alteration was the change from a three person Executive Committee to an executive office of a single governor that would have all the powers that the committee had possessed.Aftermath
Upon the assumption of territorial power by Governor Joseph LaneJoseph Lane
Joseph Lane was an American general during the Mexican-American War and a United States Senator from Oregon.-Early life:...
in 1849, he approved the Organic Laws as the basis of law in 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...
. These laws would play a part in the determination of where 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...
would be located. 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...
in 1857 created a new Constitution that was passed by the people of Oregon on November 9, 1857, and became effective upon statehood on February 14, 1859, usurping the Organic Laws of Oregon.