Organic Laws of Oregon - First Organic Laws

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 Hill, 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.