Oregon's Territorial Legislature was a

bicameral Bicameralism is a type of legislature, one divided into two separate assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single grou ...

legislative body created by the

United States Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...

in 1848 as the legislative branch of the government of the

Oregon Territory The Territory of Oregon was an organized incorporated territory of the United States that existed from August 14, 1848, until February 14, 1859, when the southwestern portion of the territory was admitted to the Union as the State of Oregon. Ori ...

. The upper chamber Council and lower chamber House of Representatives first met in July 1849; they served as the region's legislative body until

Oregon Oregon () is a U.S. state, state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington (state), Washington, while the Snake River delineates much of it ...

became a state in February 1859, when they were replaced by the bicameral

Oregon State Legislature The Oregon Legislative Assembly is the state legislature for the U.S. state of Oregon. The Legislative Assembly is bicameral, consisting of an upper and lower house: the Senate, whose 30 members are elected to serve four-year terms; and the Ho ...

. Ten annual sessions were held, with most starting in December and ending in February. During the sessions the capital of the territory was moved from

Oregon City ) , image_skyline = McLoughlin House.jpg , imagesize = , image_caption = The McLoughlin House, est. 1845 , image_flag = , image_seal = Oregon City seal.png , image_map ...

Salem Salem may refer to: Places Canada Ontario * Bruce County ** Salem, Arran–Elderslie, Ontario, in the municipality of Arran–Elderslie ** Salem, South Bruce, Ontario, in the municipality of South Bruce * Salem, Dufferin County, Ontario, part ...

, then briefly to Corvallis, and back to Salem. Legislation included the creation of new counties, the renaming of old counties, and the authorization to hold the

Oregon Constitutional Convention The Oregon Constitutional Convention in 1857 drafted the Oregon Constitution in preparation for the Oregon Territory to become a U.S. state. Held from mid-August through September, 60 men met in Salem, Oregon, and created the foundation for Oregon ...

, among other acts. Membership in the Council remained at nine throughout the history of the body, while the House of Representatives membership increased from 17 to as high as 30 due to increases in population.

Background

The

Provisional Government of Oregon The Provisional Government of Oregon was a popularly elected settler government created in the Oregon Country, in the Pacific Northwest region of North America. Its formation had been advanced at the Champoeg Meetings since February 17, 1841, a ...

was the region's governing body from 1843 until 1849, at the end of the region's joint settlement by

Great Britain Great Britain is an island in the North Atlantic Ocean off the northwest coast of continental Europe. With an area of , it is the largest of the British Isles, the largest European island and the ninth-largest island in the world. It is ...

and the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...

. The Provisional Government's legislative body was the

unicameral Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature, which consists of one house or assembly, that legislates and votes as one. Unicameral legislatures exist when there is no widely perceived need for multic ...

Provisional Legislature of Oregon The Provisional Legislature of Oregon was the single-chamber legislative body of the Provisional Government of Oregon. It served the Oregon Country of the Pacific Northwest of North America from 1843 until early 1849 at a time when no country had ...

. In 1846 the United States and Great Britain settled the

Oregon Question The Oregon boundary dispute or the Oregon Question was a 19th-century territorial dispute over the political division of the Pacific Northwest of North America between several nations that had competing territorial and commercial aspirations in t ...

with the

Oregon Treaty The Oregon Treaty is a treaty between the United Kingdom and the United States that was signed on June 15, 1846, in Washington, D.C. The treaty brought an end to the Oregon boundary dispute by settling competing American and British claims to t ...

. The treaty created a boundary between

British North America British North America comprised the colonial territories of the British Empire in North America from 1783 onwards. English overseas possessions, English colonisation of North America began in the 16th century in Newfoundland (island), Newfound ...

and the United States west of the

Rocky Mountains The Rocky Mountains, also known as the Rockies, are a major mountain range and the largest mountain system in North America. The Rocky Mountains stretch in straight-line distance from the northernmost part of western Canada, to New Mexico in ...

at the 49th

parallel Parallel is a geometric term of location which may refer to: Computing * Parallel algorithm * Parallel computing * Parallel metaheuristic * Parallel (software), a UNIX utility for running programs in parallel * Parallel Sysplex, a cluster of IBM ...

.Oregon Blue Book: Oregon History: The "Oregon Question" and Provisional Government
/ref> Two years later on August 14, 1848 the Organic Act was signed into law by President

James K. Polk James Knox Polk (November 2, 1795 – June 15, 1849) was the 11th president of the United States, serving from 1845 to 1849. He previously was the 13th speaker of the House of Representatives (1835–1839) and ninth governor of Tennessee (183 ...

creating the Oregon

Territory A territory is an area of land, sea, or space, particularly belonging or connected to a country, person, or animal. In international politics, a territory is usually either the total area from which a state may extract power resources or a ...

out of the lands south of the 49th parallel, north of the 42nd parallel (northern boundary of

California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...

) and west of the Rockies to the

Pacific Ocean The Pacific Ocean is the largest and deepest of Earth's five oceanic divisions. It extends from the Arctic Ocean in the north to the Southern Ocean (or, depending on definition, to Antarctica) in the south, and is bounded by the continen ...

. The structural framework for the government came from the

Northwest Ordinance The Northwest Ordinance (formally An Ordinance for the Government of the Territory of the United States, North-West of the River Ohio and also known as the Ordinance of 1787), enacted July 13, 1787, was an organic act of the Congress of the Co ...

, passed in 1787, which created the

Northwest Territory The Northwest Territory, also known as the Old Northwest and formally known as the Territory Northwest of the River Ohio, was formed from unorganized western territory of the United States after the American Revolutionary War. Established in 1 ...

. The Territorial Legislature then worked within the legal framework of the

Organic Laws of Oregon The Organic Laws of Oregon were two sets of legislation passed in the 1840s by a group of primarily American settlers based in the Willamette Valley. These laws were drafted after the Champoeg Meetings and created the structure of a government in t ...

.End of the Oregon Trail Interpretive Center: Stealing the Capital
/ref> These laws were the de facto constitution of the Provisional Government. These laws were determined to be valid by Territorial Governor

Joseph Lane Joseph "Joe" Lane (December 14, 1801 – April 19, 1881) was an American politician and soldier. He was a state legislator representing Evansville, Indiana, and then served in the Mexican–American War, becoming a general. President James K. P ...

when he arrived in the territory in 1849 and effectuated the beginning of United States control and government in

Oregon Country Oregon Country was a large region of the Pacific Northwest of North America that was subject to a long dispute between the United Kingdom and the United States in the early 19th century. The area, which had been created by the Treaty of 1818, co ...

Structure

The legislature had two chambers: the larger,

lower Lower may refer to: *Lower (surname) *Lower Township, New Jersey *Lower Receiver (firearms) *Lower Wick Lower Wick is a small hamlet located in the county of Gloucestershire, England. It is situated about five miles south west of Dursley, eight ...

House of Representatives, and the

upper chamber An upper house is one of two chambers of a bicameral legislature, the other chamber being the lower house.''Bicameralism'' (1997) by George Tsebelis The house formally designated as the upper house is usually smaller and often has more restricte ...

Council.Corning, Howard M. ''Dictionary of Oregon History''. Binfords & Mort Publishing, 1956. The Council consisted of nine members, apportioned among the territory's counties. The House had about twice as many members, also apportioned by counties. As the population increased and counties added, the number of legislators in the House was expanded.

Sessions

Though the Oregon Territory was created in August 1848, the territorial government did not arrive and assume power until Joseph Lane arrived on March 2, 1849. The first session of the Legislature convened on July 16, 1849 in

Oregon City ) , image_skyline = McLoughlin House.jpg , imagesize = , image_caption = The McLoughlin House, est. 1845 , image_flag = , image_seal = Oregon City seal.png , image_map ...

. Thereafter, regular sessions were held during the winter months of December, January, and February, with

special session In a legislature, a special session (also extraordinary session) is a period when the body convenes outside of the normal legislative session. This most frequently occurs in order to complete unfinished tasks for the year (often delayed by confli ...

s in May 1850 and July 1852.

1849

The first session met from July 16 to September 29 in Oregon City at the Methodist Church.Oregon Legislative Assembly (1st Territorial) 1849 Regular Session
/ref> During this session two of the original districts were renamed with Tuality (or Tualatin) County becoming Washington County and Champoeg County becoming Marion County. Also during the 1849 session Vancouver County on the north side of the

Columbia River The Columbia River (Upper Chinook: ' or '; Sahaptin: ''Nch’i-Wàna'' or ''Nchi wana''; Sinixt dialect'' '') is the largest river in the Pacific Northwest region of North America. The river rises in the Rocky Mountains of British Columbia, C ...

was renamed

Clarke County Clarke County may refer to: ;Places *One of five counties in the United States: **Clarke County, Alabama **Clarke County, Georgia **Clarke County, Iowa **Clarke County, Mississippi **Clarke County, Virginia Clarke County is a county in the Com ...

with the "e" later dropped. Additionally, the legislators continued the policy of the Provisional Government and passed a law in September excluding

blacks Black is a racialized classification of people, usually a political and skin color-based category for specific populations with a mid to dark brown complexion. Not all people considered "black" have dark skin; in certain countries, often in s ...

from settling in the Oregon Territory, but allowed those already in the region to remain. The law was later repealed in 1854, but a new version was added in 1857 when Oregon ratified its

constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When ...

in preparation for statehood.

Asa Lovejoy Asa Lawrence Lovejoy (March 14, 1808 – September 10, 1882) was an American pioneer and politician in the region that would become the U.S. state of Oregon. He is best remembered as a founder of the city of Portland, Oregon. He was an attorney ...

served as the

speaker Speaker may refer to: Society and politics * Speaker (politics), the presiding officer in a legislative assembly * Public speaker, one who gives a speech or lecture * A person producing speech: the producer of a given utterance, especially: ** In ...

of the House, and Samuel Parker as the President of the Council.

1850

From December 2, 1850 to February 8, 1851, the second session of the legislature gathered in Oregon City.Oregon Legislative Assembly (2nd Territorial) 1850 Regular Session
/ref> W. W. Buck served as the President of the Council,

Ralph Wilcox Ralph Wilcox (July 9, 1818 – April 18, 1877) was the first teacher and practicing doctor in Portland, Oregon.Corning, Howard M. ''Dictionary of Oregon History''. Binfords & Mort Publishing, 1956. He also served in the Provisional Government o ...

as the Speaker of the House. The 1850-51 session was not a harmonious one, being divided over the controversial matter of location of the Oregon state capital. Legislators were split between the competing claims of Oregon City and

, with the majority of legislators backing the latter locale and a minority opining in favor of keeping the center of government at Oregon City. An omnibus location bill awarding Salem the state capital, Portland the territorial penitentiary, and Corvallis the territorial university ultimately passed the legislature by votes of 10-8 in the House and 6-3 in the Council. This matter, which left Oregon City entirely out of the equation, was acutely partisan, with Whigs favoring the historic capital and Democrats endorsing a move to Salem.Bancroft, ''History of Oregon, Volume II,'' pg. 147. During the 1850-51 session the Legislature created three new counties for the Oregon Territory. The first of these,

Pacific County Pacific County is a county in the U.S. state of Washington. As of the 2020 census, the population was 23,365. Its county seat is South Bend, and its largest city is Raymond. The county was formed by the government of Oregon Territory in Feb ...

, encompassed coastal areas north of the Columbia River, located primarily in today's

Washington state Washington (), officially the State of Washington, is a state in the Pacific Northwest region of the Western United States. Named for George Washington—the first U.S. president—the state was formed from the western part of the Washington ...

.HistoryLink: Oregon Territorial Legislature forms Pacific County on February 4, 1851.
/ref> This new county, with Pacific City as the county seat, was created out of the southwest corner of Lewis County. Also established were Lane County, including that portion of the

Willamette Valley The Willamette Valley ( ) is a long valley in Oregon, in the Pacific Northwest region of the United States. The Willamette River flows the entire length of the valley and is surrounded by mountains on three sides: the Cascade Range to the east, ...

south of Benton County and Linn County, as well as Umpqua County, comprising the area south of the

Calapooya Mountains The Calapooya Mountains are a mountain range in Lane and Douglas counties of southwestern Oregon in the United States. The range runs for approximately west from the Cascade Range between Eugene on the north and Roseburg on the south. Geology ...

and headwaters of the

Willamette River The Willamette River ( ) is a major tributary of the Columbia River, accounting for 12 to 15 percent of the Columbia's flow. The Willamette's main stem is long, lying entirely in northwestern Oregon in the United States. Flowing northward b ...

1851

The 1851-52 session of the Oregon Territorial Legislature met from December 1, 1851 to January 21, 1852, at the

Oregon Institute The Oregon Institute was an American school located in the Willamette Valley of the Oregon Country during the 19th century. Begun in 1842, it was the first school built for European Americans west of Missouri. Founded by members of the Methodist M ...

.Oregon Legislative Assembly (3rd Territorial) 1851 Regular Session
/ref> Samuel Parker served as the President of the Council with William M. King as the Speaker of the House. The matter of the location of the capital of Oregon remained hotly contested, with the majority assembling in Salem while a rump group consisting of one member of the Council and four members of the House refusing to participate there but instead attempting to establish itself as the legitimate Oregon Territorial Legislature in a session held at the Territorial Library in Oregon City.Bancroft, ''History of Oregon, Volume II,'' pg. 161. This rival rump assembly continued to meet in Oregon City for two weeks, replete with the spectacle of

Columbia Lancaster Columbia Lancaster (August 26, 1803 – September 15, 1893) was an American lawyer and politician who served as the first Delegate from the Territory of Washington to the United States House of Representatives. Biography Early life Columbia Lanc ...

making and seconding his own motions in the "Council" himself. The claims of this minority faction were backed by a 2-1 decision of the

Oregon Supreme Court The Oregon Supreme Court (OSC) is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States.John P. Gaines John Pollard Gaines (September 22, 1795 – December 9, 1857) was a U.S. military and political figure. He was a Whig member of the United States House of Representatives, representing Kentucky from 1847 to 1849, and he served as Governor of ...

that the move from Oregon City to Salem was unconstitutional by virtue of its omnibus nature — which was held to be contrary to the provisions of the act of Congress which organized the territory. This led to a split of the court, with Justice O. C. Pratt leaving Oregon City for Salem. A situation of dual power thus briefly existed, with the (Democratic) majority of the Territorial Legislature and a minority of the Supreme Court sitting in Salem and a (Whig) majority of the Supreme Court and minority of the Legislature sitting in Oregon City.Bancroft, ''History of Oregon, Volume II,'' pg. 162. In the eyes of a majority of Oregonians political legitimacy lay with the elected majority of Legislators in Salem rather than the appointed majority of Supreme Court justices in Oregon City, however, and following a complicated set of maneuvers including redistricting of legal districts and passage of a memorial to the

for decision, the majority of the Legislature conducted its regular business in Salem as scheduled. A bill was passed calling for convocation of a constitutional convention in the event that Congress refused the appeal of the Legislature for direct election rather than appointment of the Territorial Governor and judges.Bancroft, ''History of Oregon, Volume II,'' pg. 165. On January 12, 1852, the body created Jackson County in the southwest section of the territory. They also carved a swath of Umpqua County to form a new Douglas County, named in honor of Senator

Stephen A. Douglas Stephen Arnold Douglas (April 23, 1813 – June 3, 1861) was an American politician and lawyer from Illinois. A senator, he was one of two nominees of the badly split Democratic Party for president in the 1860 presidential election, which wa ...

, a Democratic Party stalwart.

1852

In 1852 the Legislature met from December 6, 1852 until February 3, 1853 in Oregon City.Oregon Legislative Assembly (4th Territorial) 1852 Regular Session
/ref> On December 22, the two chambers passed an act to dissolve the marriage between David S. Maynard and Lydia A. Maynard, which would later become an issue that worked its way to the

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

in the case of '' Maynard v. Hill''.

Matthew Deady Matthew Paul Deady (May 12, 1824 – March 24, 1893) was a politician and jurist in the Oregon Territory and the state of Oregon of the United States. He served on the Oregon Supreme Court from 1853 to 1859, at which time he was appointed to the n ...

served as the President of the Council with

Benjamin F. Harding Benjamin Franklin Harding (January 4, 1823June 16, 1899) was an American attorney and politician born in Pennsylvania. He held political offices in the Oregon Territory and later served as a United States senator from the state of Oregon. Early ...

as the Speaker of the House for the session.

1853

On March 2, 1853,

Washington Territory The Territory of Washington was an organized incorporated territory of the United States that existed from March 2, 1853, until November 11, 1889, when the territory was admitted to the Union as the State of Washington. It was created from the ...

was created out of the northern and eastern portions of Oregon Territory, eliminating those counties from the Oregon Legislature. The 1853 Legislature met in Salem from December 5, 1853 to February 2, 1854.Oregon Legislative Assembly (5th Territorial) 1853 Regular Session
/ref> The legislature created Coos County in southwestern Oregon on the

Oregon Coast The Oregon Coast is a coastal region of the U.S. state of Oregon. It is bordered by the Pacific Ocean to its west and the Oregon Coast Range to the east, and stretches approximately from the California state border in the south to the Columbia ...

on December 22, 1853, and Columbia County was created out of the northern portion of Washington County by an act of the body on January 16, 1854. Ralph Wilcox served as the President of the Council with C. Z. Bishop as the Speaker of the House.

1854

The 5th Oregon Territorial Legislature convened in Salem on December 4, 1854 and held its proceedings until February 1, 1855.Oregon Legislative Assembly (6th Territorial) 1854 Regular Session
/ref> On January 11, 1855, the legislature created

Wasco County Wasco County is one of the 36 counties in the U.S. state of Oregon. As of the 2020 census, the population was 25,213. Its county seat is The Dalles. The county is named for a local tribe of Native Americans, the Wasco, a Chinook tribe who ...

which at the time encompassed all of

Eastern Oregon Eastern Oregon is the eastern part of the U.S. state of Oregon. It is not an officially recognized geographic entity; thus, the boundaries of the region vary according to context. It is sometimes understood to include only the eight easternmost ...

. Multnomah County was created during this session on December 22, 1854, with eastern Washington County being combined with the northern section of Clackamas County. A bill was submitted during the session to submit to voters the question of holding a convention to draft a constitution in an effort to attain statehood, but the bill was defeated. James K. Kelly served as the President of the Council with L. F. Cartee as the Speaker of the House.

1855

The 6th Territorial Legislature began in Corvallis in the ongoing dispute over which city would become the capital. Late in December the body moved back to Salem where the capitol building was nearing completion, but the building burned down on December 29, 1855. The session began on December 3 and ended on January 31, 1856.Oregon Legislative Assembly (7th Territorial) 1855 Regular Session
/ref> On December 18, 1855, the legislature separated the southern part of Coos County, creating Curry County, and then on January 22, 1856, created Josephine County out of the western portion of Jackson County. The legislature tried again to settle the question of holding a constitutional convention, and again it was defeated. During this session A. P. Dennison served as the Council president, with the Speaker of the House being Delazon Smith.

1856

Beginning on December 1, 1856, the legislature met in Salem, using rented space, remaining in session until January 29, 1857.Oregon Legislative Assembly (8th Territorial) 1856 Regular Session
/ref> The legislature again addressed the question of holding a constitutional convention, and during this session it passed with the citizens then voted in favor of the resolution on June 1, 1857, with a convention to be held later in the year. During the session James Kerr Kelly served as the Council president, with the Speaker of the House position held by

La Fayette Grover La Fayette Grover (November 29, 1823May 10, 1911) was a United States Democratic Party, Democratic politician and lawyer from the U.S. state of Oregon. He was the List of Governors of Oregon, fourth Governor of Oregon, represented Oregon in the ...

1857

On December 7, 1857, the legislature began their session in Salem, lasting through February 5, 1858.Oregon Legislative Assembly (9th Territorial) 1857 Regular Session
/ref> During the session

Hugh D. O'Bryant Hugh Donaldson O'Bryant (1813–1883) was the first mayor of Portland, Oregon, United States, serving from 1851–1852. He later served as the President of the Oregon Territory’ Council chamber of the legislature, and was a member of Wash ...

served as president of the Council chamber, with the Speaker of the House position held by Ira F. M. Butler.

1858

On August 17, 1857, the

convened in Salem with the task of creating a constitution in order for Oregon to become a state. The Convention accomplished this task and submitted the final document to the voters of the territory for approval on November 9, 1857, when it was approved and then sent to the

United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...

for approval. Once approved by the Federal government, Oregon would become a state. However, communications between the East Coast and West Coast were still slow, and those elected as state officials had to wait for word of Oregon's admission to the Union before they could formally begin their service.Oregon Legislative Assembly (1st Pre-Admission) 1858 Regular Session
/ref> The state legislators meet twice before admission, from July 6 to July 9, and September 13 & 14. They met and adjourned once there was no word on Oregon's statehood. The Territorial Legislature then met starting on December 6, 1858 for their final session. Previously in Oregon's government, the authority to dissolve a marriage was vested in the legislature, and during this final session the legislators granted 31 divorces before the authority shifted to the courts upon statehood. This session lasted until January 22, 1859, during which Charles Drain served as Council President and

Nathaniel H. Gates Nathaniel Holly Gates, also known as Colonel Gates for most of his life, (1811–1889) was an American pioneer lawyer and Oregon state legislator. He was an active Democrat throughout his life. He served four terms in Oregon's territorial le ...

was Speaker of the House.Oregon Legislative Assembly (10th Territorial) 1858 Regular Session
/ref>

Aftermath

Oregon was then admitted to the Union on February 14, 1859, and the elected state officials and legislators took over governing the now state. The first session of the

Oregon Legislative Assembly The Oregon Legislative Assembly is the state legislature for the U.S. state of Oregon. The Legislative Assembly is bicameral, consisting of an upper and lower house: the Senate, whose 30 members are elected to serve four-year terms; and the Ho ...

began on May 16, 1859, in a special session that lasted until June 4. Oregon's first regular session of the biennial legislature occurred from September 10 through October 19, 1860.Oregon Legislative Assembly (1st) 1860 Regular Session
/ref>

References

{{OR legislatures 1848 establishments in Oregon Territory 1859 disestablishments in Oregon Territory Oregon Territory Former territorial legislatures of the United States Oregon legislative sessions