Page:Oregon Historical Quarterly vol. 5.djvu/304

This page needs to be proofread.

294 PKTER H. BURNETT. which I fully admit, and would on no account attempt to con- ceal, can not by the fair rules of construction be considered as infringing upon any law recognized by the compact which we have agreed to support, in common with the other inhabitants of Oregon. (Gray, 447.) It seems perfectly plain from Mr. Gray's own history that the final overthrow of this measure was mainly brought about by the following causes: 1. The extremely harsh and erroneous amendments of 1845. 2. The mistake of the same body in using the word "regu- late" instead of "prohibit" in the organic law of that year. 3. The sale of rum to the Modeste by the Hudson's Bay Company. This last act, however excusable it may be considered under the then existing circumstances, gave the opponents a plausible ground for objection. That the original act was approved by the people is shown by the following extract from the message of Governor Aber- nethy, dated February 5th, 1849: The proposed amendments to the organic law will come before you for final action: to amend the oath of office, to make the clerks of the different counties recorders of land claims, etc., and to strike out the word "regulate" and insert the word "prohibit" in the clause relating to the sale of ardent spirits. The last amendment came before the people for a direct vote, and I am happy to say that the people of this territory decided through the ballot-box, by a majority of the votes given, that the word "prohibit" should be inserted. This makes the question a very easy one for you to decide upon. ("Oregon Laws and Archives," pages 273-4.) Jesse Applegate was a member of the House of Representa- tives in 1845, but his name does not appear as voting upon the final passage of the amendatory bill, he having previously re- signed his seat. TREATY OF JUNE 15, 1846 POLICY OF THE HUDSON'S BAY COM- PANY H. A. G. LEE INDIAN CHARACTER. On the 15th of June, 1846, a treaty was concluded between Great Britain and the United States which acknowledged the