Page:The History of Oregon Bancroft 1888.djvu/444

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426
OREGON BECOMES A STATE.

A clause of the constitution affecting the rights of married women, though it may have had its inception in the desire to place one half of the donation claim of each land owner beyond the reach of creditors, had all the air of being progressive in sentiment, and probably aided in the growth of that independence among women which is characteristic of the country.[1] The boundaries of the state were fixed as at present, except that they were made to include the Walla Walla Valley; providing, however, that congress might on the admission make the northern boundary conform to the act creating Washington Territory, which was done, to the disappointment of many who coveted that fair portion of the country. The question of the seat of government was disposed of by declaring that the legislature should not have power to establish it; but at the first regular session after the adoption of the constitution the legislative assembly should enact a law for submitting the matter to the choice of the people at the next general election; and no tax should be levied or money of the state expended for the erection of a state house before 1865; nor should the seat of government when established be removed for the term of twenty years, nor in any other manner than by the vote of the people; and all state institutions should be located at the capital.[2]

  1. The clause referred to is this: 'The property and pecuniary rights of every married woman, at the time of marriage or afterwards, acquired by gift, devise, or inheritance, shall not be subject to the debts or contracts of the husband; and laws shall be passed providing for the registration of the wife's separate property.' This feature of the constitution made the wife absolute owner of 320 acres or less, as the case might be, and saved the family of many an improvident man from ruin. The wife had, besides, under the laws, an equal share with the children in the husband's estate. The principal advocate of the property rights of married women was Fred Waymire, the 'old apostle of democracy,' who stoutly maintained that the wife had earned in Oregon an equal right to property with her husband. See Or. Statesman, Sept. 22, 1857.
  2. With regard to the school lands which had been or should be granted to the state, excepting the lands granted to aid in establishing a university, the proceeds, with all the money and clear proceeds of all property that might accrue to the state by escheat or forfeiture, all money paid as exemption from military duty, the proceeds of all gifts, devises, and bequests made by any person to the state for common-school purposes, the proceeds of all property granted to the state, the purposes of which grant had not been stated, all