of information on the progress of the territory toward securing its congressional appropriations. The five thousand dollars granted in the organic act for erect ing public buildings was in his hands, he said, to which would be added the forty thousand dollars ap propriated at the last session ; and he recommended that some action be taken with regard to a peniten tiary, no prison having existed in Oregon since the burning of the jail at Oregon City. The five thousand dollars for a territorial library, he informed the assem bly, had been expended, and the books placed in a room furnished for the purpose, the custody of which was placed in their hands. 9

The legislative session of 1850-1 was not harmo nious. There were quarrels over the expenditure of the appropriations for public buildings and the location of the capital. Although the former assembly had called a session in May, ostensibly to fix upon a place as well as a time for convening its successor, it had not fixed the place, and the present legislature had come together by common consent at Oregon City. Conceiving it to be proper at this session to establish the seat of gov ernment, according to the fifteenth section of the or ganic act, which authorized the legislature at its first session, or as soon thereafter as might be expedient, to locate and establish the capital of the territory, the legislature proceeded to this duty. The only places put in competition with any chance of success were Oregon City and Salem. Between these there was a lively contest, the majority of the assembly, backed by the missionary interest, being in favor of Salem, while a minority, and many Oregon City lobby ists, were for keeping the seat of government at that place. In the heat of the contest Governor Gaines un wisely interfered by a special message, in which, while

Scattered throughout this history, and elsewhere, are the evidences of the manner in which Judge Deady has impressed himself upon the institu tions of Portland and the state, and always for their benefit. He possesses, with marked ability, a genial disposition, and a distinguished personal ap pearance, rather added to than detracted from by increasing years.

9 Judge Bryant selected and purchased $2,000 worth of the books for public library, and Gov. Gaines the remainder. HIST. OR., VOL. II. 10