302 PETER H. BURNETT. and demand restitution of the property, or its equivalent in horses. Without an appropriation, a sufficient party would not be induced to go up there, as the trip is an expensive one. ("Oregon Laws and Archives," page 210:) Ve were delicately situated in Oregon up to near the clase of 1846, when news of the treaty between Great Britain and the United States reached us. We knew that under former treaties the citizens and subjects of both governments were privileged to occupy the country jointly ; but that joint occupation of the territory did not mean joint occupation of the same tract of land or of the same premises but the pnrty first in possession was entitled to continue it until the ques- tion of sovereignty should be settled. .Our community vns composed of American citizens and British subjects, inter- mingled together as neighbors, with all their respective na- tional attachments, manners and prejudices; and we had our full share of reckless adventurers and other bad men. The extremists and ultras of both sides would have brought us into armed conflict, and perhaps involved the two countries in war, but for the manly good sense of our leading men, sup- ported by the great majority of the people. It was most fortunate for us that the executive office of our little provisional government was at all times filled, not only by Americans, but by these who were well fitted for that position, both as to capacity and conciliatory firmness. T have already spoken of Osborn Russell and P. G. Stewart who acted as the executive committee during part of the years 1844 and 1845. They were admirable men for that position. They were succeeded by George Abernethy, who filled the position until the provisional organization was superseded by the regular territorial government, under the act of Con- gress of August 14, 1848. Governor Abernethy was precisely fitted for the position in every respect. Though he had no regular legal education, he was a man of admirable good sense, of calm, dispassionate disposition, of amiable, gentle manners, and above the influ- ences of passion and prejudice. He did his duty most faith-
