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THE IMMIGRATION OF 1844.

Bailey, who was known to lean toward independence, yet was also of the old missionary fraternity, belonged to no particular party. In convention Lovejoy received the greater number of votes, the Americans being in the majority. But before the election, the independents, having no hope of securing their choice, and not liking to see Lovejoy elected, went over to Abernethy,[1] who thus became governor, although at the time he was on a visit to the Sandwich Islands.[2]

One of the principles of the American party was that the organic law of 1843 was the law of the country until the people had voted upon the amendments of 1844; because, as they contended, the people had not yet resigned the law-making power. This opposition strengthened the independents somewhat, who could find many who favored the new code. But when it came to the election of the legislature, it was found that no known independents were invested with legislative power. That there were many who favored the call for a convention was proven by the fact that the majority against it was only ninety-three, or about two to one, according to the voting census of 1844.[3]

The legislators elect from Champoeg County[4] were Robert Newell, J. M. Garrison, M. G. Foisy, Barton Lee; from Clackamas County, H. A. G. Lee, William H. Gray, Hiram Straight; from Tualatin County, M.

  1. From the fact that there were no newspapers in Oregon at this time, it is difficult to get a clear return of the election, but I learn from other sources that J. W. Nesmith was elected judge, and Frank Ermatinger treasurer. Ermatinger's election was the welcoming hand to the Hudson's Bay Company.
  2. Mr Applegate says that Albernethy headed the American ticket called by its adversaries 'missionary.' Views of Hist., MS., 44. But I have followed Gray, who, in this instance, clearly shows the cause which defeated the candidate of the convention. Both Russell and Bailey would prefer Abernethy to one of the new and aggressive men of the immigrations, and their influence, combined with that of the Mission which also announced its candidates as American, elected him.
  3. Or. Archives, MS., 51.
  4. It will be observed that the word 'county' had been substituted for district. This usage was introduced by the committee of 1844; but the legislature of 1845 passed an act authorizing the change. Or. Laws, 1843-9, 35. In the same manner the phrase 'legislative committee' was altered to 'legislature,' though there were those who objected to both changes.