United States; it being, however, always understood that June 15, 1846. nothing in this article shall be construed as preventing, or intended to prevent, the government of the United States from making any regulations respecting the navigation of the said river or rivers, not inconsistent with the present treaty. ARTICLE III. son's Day Comish subjects. pany and Brit In the future appropriation of the territory south of Rights of Hudthe forty-ninth parallel of north latitude, as provided in the first article of this treaty, the possessory rights of the Hudson's Bay Company, and of all British subjects who may be already in the occupation of land or other property lawfully acquired within the said territory, shall be respected. "Possessory rights" of British subjects. The stipulation of the United States as to the possessory rights of British subjects in the occupation of land in Oregon did not constitute a grant to such British subjects, nor confer upon them any interest in the soil: Cowenia et al. v. Hannah et al., 3 Or. 465; Town v. Such stipulation was merely a prom- ARTICLE IV. Agricultural protected. The farms, lands, and other property of every descrip- Puget Sound tion belonging to the Puget Sound Agricultural Company Company to be on the north side of the Columbia River shall be confirmed to the said company. In case, however, the situation of those farms and lands should be considered by the United States to be of public and political importance, and the United States government should signify a desire to obtain possession of the whole, or of any part thereof, the property so required shall be transferred to the said government, at a proper valuation, to be agreed upon between the parties. ARTICLE V. and exchange. The present treaty shall be ratified by the President of Ratification the United States, by and with the advice and consent June 15, 1846. of the Senate thereof, and by her Britannic Majesty; and the ratifications shall be exchanged at London, at the expiration of six months from the date hereof, or sooner if possible. Attestation of treaty. Recital of ratification. Proclamation. Attestation of proclamation of the President of the United States. In witness whereof, the respective plenipotentiaries have signed the same, and have affixed thereto the seals of their arms. Done at Washington, the fifteenth day of June, in the year of our Lord one thousand eight hundred and fortysix. JAMES BUCHANAN. [L. S.] RICHARD PAKENHAM. [L. S.] And whereas, the said treaty has been duly ratified on both parts, and the respective ratifications of the same were exchanged at London, on the seventeenth ultimo, by Louis McLane, envoy extraordinary and minister plenipotentiary of the United States, and Viscount Palmerston, her Britannic Majesty's principal secretary of state for foreign affairs, on the part of their respective governments, Now, therefore, be it known, that I, James K. Polk, President of the United States of America, have caused the said treaty to be made public, to the end that the same, and every clause and article thereof, may be observed and fulfilled with good faith by the United States and the citizens thereof. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington, this fifth day of August, in the year of our Lord one thousand ⚫ight hundred and forty-six, and of the independence of the United States, the seventyfirst. JAMES K. POLK. L. S. By the President: JAMES BUCHANAN, Secretary of State. CONSTITUTION OF OREGON. [This constitution was framed by a convention of sixty delegates chosen by the people at the general election on the first Monday of June, 1857. The convention met on the third Monday of August of the same year, and adjourned on the 18th of September. On the second Monday of November, 1857, the constitution was ratified by a majority vote of the electors of the territory, as provided by Article XVIII., and the act of Congress admitting Oregon into the Union was approved February 14, 1859, on which date the constitution went into effect.] We, the people of the state of Oregon, to the end that Feb. 14, 1859. justice be established, order maintained, and liberty per- Preamble. petuated, do ordain this constitution. ARTICLE I. BILL OF RIGHTS. the social com § 1. We declare that all men, when they form a social Principles of compact, are equal in rights; that all power is inherent pact. in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; and they have at all times a right to alter, reform, or abolish the government in such manner as they may think proper. worship. § 2. All men shall be secured in their natural right to Freedom of worship Almighty God according to the dictates of their own consciences. 20 Or. 589. religious § 3. No law shall in any case whatever control the free Freedom of exercise and enjoyment of religious opinions, or inter- opinion. fere with the rights of conscience. Feb. 14, 1859. No religious test. No money to be appropriated for religion. No religious test of witnesses. Oath or affirmation. Freedom of speech. Searches, seizures, and warrants. Courts not to be secret. § 4. No religious test shall be required as a qualification for any office of trust or profit. § 5. No money shall be drawn from the treasury for the benefit of any religious or theological institution, nor shall any money be appropriated for the payment of any religious services in either house of the legislative assembly. § 6. No person shall be rendered incompetent as a witness or juror in consequence of his opinions on matters of religion, nor be questioned in any court of justice touching his religious belief, to affect the weight of his testimony.. Dying declarations. — This inhibition extends as well to the competency of persons to make dying declarations which shall be received in evidence as to competency to testify in courts. Dying declarations, when otherwise admissible in evidence, are not to be excluded because the person making them was a pagan, and did not believe in his accountability to God: State v. Ah Lee, 8 Or. 214. As to the competency of dying declarations generally, see § 701. § 7. The mode of administering an oath or affirmation shall be such as may be most consistent with, and binding upon, the conscience of the person to whom such oath or affirmation may be administered. § 8. No law shall be passed restraining the free expression of opinion, or restricting the right to speak, write, or print freely on any subject whatever; but every person shall be responsible for the abuse of this right. § 9. No law shall violate the right of the people to be secure in their persons, houses, papers and effects, against unreasonable search or seizure; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized. § 10. No court shall be secret, but justice shall be administered openly and without purchase, completely and without delay, and every man shall have remedy by due course of law for injury done him in person, property, or reputation. Without purchase. This means simply that justice shall not be bought with bribes, nor the legal costs and disbursements thereof be so exorbitant as practically to close the doors of the courts of justice to those who may have occasion to enter them. A statute which provides that a trial fee shall be advanced by the moving party does not violate this provision Feb. 14, 1859. fendant. § 11. In all criminal prosecutions, the accused shall Rights of dehave the right to public trial by an impartial jury in the county in which the offense shall have been committed; 14 Or. 300. to be heard by himself and counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face, and to have compulsory process for obtaining witnesses in his favor. Nature and cause of accusation. The accused is informed of the nature and cause of the accusation against him, when he receives a copy of the indictment charging the offense according to the principles of § 12. No person shall be put in jeopardy twice for the same offense, nor be compelled in any criminal prosecution to testify against himself. Twice in jeopardy. - Conviction or acquittal upon an indictment for larceny is a bar to a prosecution for the larceny of property belonging to the same person, and stolen at the same time, but not included in the former indictment. The entire transaction constitutes but one offense, and the defendant cannot be twice pat in jeopardy therefor: State v. McCormack, 8 Or. 236. A person who commits an act which is an offense against both the United States and the state in which it is committed, commits two offenses, — one against each of the two sovereignties; and his acquittal or conviction under the laws of the one cannot be pleaded as a defense to a prosecution by the other. Though one act, it is two offenses: United States v. Barnhart, 10 Saw. 491. Not to be tried crime. twice for same 11 Or. 52. 11 Or. 238. § 13. No person arrested or confined in jail shall be Treatment of treated with unnecessary rigor. persons under arrest. §14. Offenses, except murder and treason, shall be Bail. bailable by sufficient sureties. Murder or treason shall not be bailable when the proof is evident or the presumption strong. crime. 15. Laws for the punishment of crime shall be Punishment of founded on the principles of reformation, and not of vindictive justice. and fines. in criminal § 16. Excessive bail shall not be required, nor exces- Excessive bail sive fines imposed. Cruel and unusual punishments shall Power of jury not be inflicted, but all penalties shall be proportioned cases. to the offense. In all criminal cases whatever, the jury shall have the right to determine the law and the facts, |