308 POLITICS AND PROGRESS.

fore he was not duly commissioned. On this flimsy pretence, by whom suggested was not known, 28 Deady was unseated and McFadden 29 took his place. Being regarded as a usurper by the majority of the democ racy, McFadden was not popular. With his official acts there was no fault to be found; but by public meetings and otherwise Lane was given to under stand that Oregon wanted her own men for judges, and not imported stock. Accordingly, after holding one term in the southern district, before the spring came McFadden was transferred to Washington Ter ritory, and Deady reinstated. From this time for ward there was no more appointing of non-resident judges with every change of administration at Wash ington. The legislature of 18534 once more redis- tricted the territory, making Marion, Linn, Lane, Benton, and Polk constitute the 1st district; Clat- sop, Washington, Yamhill, and Clackamas the 2d; and the southern counties the 3d and peace reigned thenceforward among the judiciary.

As if to crown this triumph of the Oregon democ racy, Lane, whose term as delegate expired with the 32d congress, was returned to Oregon as governor, removing Gaines as Gaines had removed him. 30 Lane s popularity at this time throughout the west ern and south-western states, whence came the mass of the emigration to Oregon, was unquestioned. He was denominated the Marius of the Mexican war, 31 the Cincinnatus of Indiana, and even his proceedings

28 Lane was accused, as I have said, of recommending Deady to prevent his running for delegate, which was fair enough ; but it was further alleged that he planned the error in the name, and the removal which followed, for which there does not appear honorable motive.

M 0badiah B. McFadden was born in Washington county, Penn.jNov. 18, 1817. He studied law, and was admitted to practice in 1842, and in 1843 was elected to the state legislature. In 1845 he was chosen clerk of the court of common pleas of his county, and in 1853 was appointed by President Pierce associate justice of the sup. ct for the territory of Oregon. Olympia Echo, July 1, 1875.

30 In his Autobiography, MS., 58, Lane remarks: I took care to have Gaines removed as a kind of compliment to me

^Jenkins* History of the War with Mexico, 49&