Provisional Legislature of Oregon - 1845

1845

The 1845 legislature met three different times, under two different structures. First, from June 24 to July 5, 1845, the legislature met in Oregon City, first at the home of J. E. Long and then the home of M. McGruder, with M. M. McCarver serving as the speaker of the group. After this, the Organic Laws were replaced with the Organic Act of 1845, which altered the legislature in several ways. First the number of representatives was increased to include a minimum of 13 and a maximum of 61. Second, the name was changed to the House of Representatives. All members of the body were to be elected by popular vote with vacancies filled using special elections. The body also received new powers to impeach any civil official by a 3/4ths vote, apportion the legislators among the districts, create post offices, levy taxes, declare war, organize and call out the militia, create lower courts, pass laws concerning the general welfare of the region, regulate trade with the Native Americans, regulate liquor sale and manufacture, and regulate the police power of the government, among other powers. Meetings continued to be in June and December.

With these changes, a special session of the legislature met August 5 until August 20 in Oregon City. On August 11, 1845 at the introduction of Jesse Applegate the body passed a law against dueling within a half hour that Governor Abernethy also signed within 30 minutes of the bill’s introduction. A new legislature met beginning on December 2, with Robert Newell serving as the speaker of the body through December 10 and Henry A. G. Lee assuming the post until the conclusion of the session on December 19. Polk District was created during the session, with the bill passed on December 19. J. E. Long served as the recorder and Theopolis McGruder as the sergeant at arms for the group. The same people who served in the summer session also served in the December session.

These sessions of the legislature designated Oregon City as the official capital and introduced income and property taxes that replaced an 1843 subscription program used to finance the government’s activities. Also passed during the 1845 session was the "Lash Law", which banned Blacks from living in the territory with violators subject to 20–39 lashes across the back every six months, until the person left the region. Other business included a ban on hard liquor, the incorporation of Oregon City, approval for the Barlow Road around Mount Hood, incorporation of the Multnomah Circulating Library, and incorporation of the Oregon Institute. At the meetings J. E. Long served as the recorder, Frederick Prigg as the clerk, a Mr. Shaw as the sergeant at arms, and two people as chaplains.