Page:History of Oregon volume 1.djvu/542

At the third session of the legislature, in December, an act was passed authorizing the governor "to take charge of, refit, and employ the launch in accordance with the conditions of Lieutenant Wilkes." In compliance with these legislative proceedings, Governor Abernethy addressed a letter to McLoughlin, enclosing a copy of the act which authorized him to take possession of the launch, and to request McLoughlin to deliver to him the anchor, cables, oars, sails, and all other parts of her rigging left with him. In case of refusal to deliver up these articles, the governor was to proceed to purchase materials, and have the boat immediately put in repair "for any service the territory may require."^[1]

McLoughlin's answer to the governor was still the same, that he "could only deliver the articles belonging to the Peacock's launch on receipt of an order from the government of the United States, or from Captain Wilkes."^[2] The subject of the possession of the Peacock's boat threatened to become a serious. one.^[3] The Oregon legislature acted upon the principle that they, for the people of the colony, had a right to any United States property, on the ground of their citizenship, and jealously demanded that such property should be wrested from the hands in which it had been placed; though by doing so, not having the means to put it in repair, and employ a proper officer and seamen, it would be rendered useless in the capacity for which it was intended. The matter was finally settled by McLoughlin placing the boat in the hands of Lieutenant Howison of the United States

my office with Mr Campbell. . . . But after again giving the subject my fullest consideration, I am sorry it u not in my power, consistent with my trust, to give any other answer than that in mine of the 12th inst. I have, etc.   'Oregon City, Aug. 20, 1845.John McLoughlin.'

1. Or. Laws, 1843-9, 32.
2. Or. Archives, MS., 69-70.
3. Applegate had resigned before the legislature passed this unjustifiable act. In his marginal notes to Gray's History, 430, he says: 'Dr McLoughlin was bound to the government of the United States for the safe-keeping and delivery of the launch of the Peacock; and not to any of its dependencies.' See Niles' Reg., lxx. 340.