Newspaper Page Text
Ike rautaue faft.
SW. TILTO a CO., Wr.ps t .
VIRGINAl CITY, M. T.
Isturday, - . . - Dee 24Th, 1.
According to immemorial custom we wish
our readers a Merry Christmas. Far away
from our friends in the East, whilst we
snugly nestle among the vertebrae of the
backbone of Americn, we shall not forget
the days of our earliest and moseet joyous
associations. The life of man is fitful as
a tropical breeze. Whilst thinking of the
dangers we have surmounted and the trials
we have endured, let us not be unmindful
or the mercies we enjoy; but looking back
ward with gratitude and forward with hope,
let us not omit the upward glance which
recognizes the power that, working by hu
man agency, has poured the living tide
through the passes which lead to our moun
tain home, and which has spread us no
stinted table in the wilderness. May we
live to enjoy a still happier season when
peace shall be restored to our land, and
Union, purchased by so much blood, and
endeared by so many hallowed memories
shall renier our beloved country once
more, the pride and the hope of the world
tVhat the Miners Expect from the
The Legislature having met, it is reason
able to discuss the questions which must
occupy its attention, and no duty of the
journalist is more imperative. Now the
one thing paramount, in Montana, is min
iug; .nd this is asubject whichki perhaps
mere fruitful of litigation than any other;
e'ipecially after a few years of bargains and
s.dalhave complicated interests. Even now
we see the groundwork of a superstructure
of fraud, which, unless swept away by
w':olesome legislation, will greatly mar the
p.ospects of cur Territory. The "stake
law" would be ridiculous, if it were not
gravely pernicious and flagrantly unjust.
The Idaho statutes provide that a stake like
an overgrown stove-pipe should in all
cacs mark the claim. Now if this had
been laid down as law in Michigan, Wis
consin, cold Canada, or the Sunny Land of
Flowers, it would be sensible; but to insist
tiat a man should go 20 or 30 miles for
what he cannot carry one mile if he gets it,
is absurd. It is about as ridiculous to ait
attempt the finding of such a stake, in many
places, and the carriage of it about as
hopeful of success, as the cxtrection of
sunbeams from cucumbers. Another sui
cidal proposition is to be found in a law
which makes it obligatory on the miner to
expend $100 in labor, on each discovery.
This amounts to a penalty on quartz find
ing, greater than the ordinary fine for a
severe assault, Quarts mining is a lottery
and certainly our territory will eclipse,
in riches, the fabled cave of the Genii, if
only one in four of the discoveries turnt out
profitable. Such a regulation, under these
circumstances, amounts to putting pros
pectors entirely out of the field. For
many a man hits upon a lode when his
gaunt face and weather-beaten equipments
tell of exhausted means and weary months,
perhaps years of labor, travel and hard
ship. The idea that such a tan must
spend $100 or hand over his claim to some
or dust-freighted land-shark, is absurd and
wicked: nor is the notion a whit less ri
diculous, which presents itself as a natural
sequitur of the impossible-post clause-viz
that a man who can equip t team and load
it with the young logs aforesaid, may go
and draw the poor miner's small stake, and
planting his own statutable rafter, thus rob
th3 discoverer of the fruits of his toil.
Let the man who benefits the country reap
the harvest which his industry has sown.
Give him a secure title, and, in a short
time, there will be developed in Montana,
a wealth of mineral resources which will be
the weader of the world. But a contrary
policy will do infinite mischief. Instead of
patching up the foolish and illiberal code
of Idaho, let our legislators give us some
thing which shall hereafter stand as a model
for others to imitate, instead of leaving a
rtcord of Imbeellity tiet all must despise.
If:4azation is necessary. it should be so
t i- ated that the burden should fall upon
sper..uities, rathier than upon necessaries.
In Oregon the dance houses have to pay a
lienose of 4100- per month.- Why not in
Vipinik titty Let those who want to
daInee pioatette at will, but, natil nomee
other lose necessary subject for taxasioabe
foiqud, let tbe lurdyaurdy. hquases pay
theirquota, and all other like plsees also'
The laney pours hlto' the cofets of the
toprlueters, avd as tliy ar'e ' abre tpo
W get the m.st amotey, ii. e eaomiest
ea o.a, why let them sontribuae to the eah
ypa massilyj oee.tred en their behalf.
The ovenrmners Message.
The message of Governor Ed rton to
e in Mon
Theqsere S itself is worthy of special
notte. Tro abort years, replete, however,
with incidents more romantic than the fa
bles of the eastern magi, have passed away
since GOLD as first discovered here, and
more potent than the necromancer's talis
man, the very mention of the fact has
turned a palare.s and doltary region into
a busy have of industry, the hunting
greund of the Indian has become the home
of the white man, and the unceasing mar
mur of active life breaks in upon the stern
silence of these rugged mountains and un
trodden defiles. Populous cities have
arisen, in which order has been maintained
by a power at once irresistible, equitable,
unknown yet far-seeing; and now, by an
other wave of the enchanter's wand, Jus
tice, seen, but sightless, holds the balance
between right and wrong, while at her call
rises a Legislature, to give laws and speak
for the people, with authority to enforce its
decrees. The first official communication
to that body is the subject of th;s article.
There are ten topics in the dopument be
fore us,which demand instant attention from
the Legislature, viz : Roads to the States,
Mining Interests, Congressional Legisla
tion concerning Mining Lands, Indian
Affairs, Agriculture, Education, Mail Fa
cilities, Taxation, Currency, and Jail Ac
commodation. The Governor takes just
and broad views of the mining interests,
but as there is no material difference be
tween them and the propositions enforced
in earlier numbers of this journal, and also
in another column of to-day's paper, we
shall not say more on this subject than
that we believe the legislation advised is
both expected and required by the people.
We are glad to hear of the proposed
new road to the States. The great eleva
tion of the present line of travel renders
us almost isolated during the winter months
-and in view of our rapidly increasing
population, a short winter line is the only
preventative against occasional short com
mons, to use the mildest expression. In
any petition to Congress it might be well
to notice the vast increase in value that
would accrue to the lands of Iowa and the
north-western States when all their surplus
grain would find a market in this Territory
at prices remunerative to the grower, even
after deducting the cost of transit.
We feel certain that Congress will not
interfere with the title of the inhabitants
of this Territory, to their lands and claims,
if our interests be fairly set before them,
but the omission of such a step might in
duce legislation, fatal to our prospscts and
our law-givers should lose no time in laying
before that body, a memorial expressing
the *ishes of the people, on that subject.
The Wood-en gospel will be powerless when
Congress receives such an expression of
the popular opinion.
So far as the Indians are concerned, all
people will be willing to let school-boy8'
law settle our difficulties. This is terse but
signifioant: " Let us alone and we will let
you alone." but we are for givin, the cop
pery gentlemen a lesson that will not be
forgotten, should they still evince their
preference for the American breed of
horses in the way familiar to pilgrims. As
for a man's title to lands which h4 never
uses or improves, we are not careful of ex
pressing our opinions on that score. L'et
them take to work, and then let them have
land to cultivate; but to support a breed
of lazy, thieving scoundrels, it is not just
to set apart a country, where a county is
all-sufficient. If they will not work neither
should they eat.
We expect that the L~gislature will make
some appropriations for premiums, roads,
strveys, &c., for the support and encoui
agement of agriculture, an interest secotjI
only in importance to mining. The ex
tinction of the Indian title will obviate all
difficulties of a legal nature involved in the
settlement of the unclaimed lands.
Concerning education volumes might be
written, but only a few words can here be
said, in addition to the excellent remarks
of the Governor. At a trifling expense to
each inhabit:ant, every child cotld be
taught; and this is a sine qua non to fu
ture prosperity and morality. A year more
of inaction, and two generations will not
eradicate the taint which uncultivated ig
norance will have instilled into the youth
of the Territory. Whatever may be ne
glected, let not our legislators be deaf to
the call of tbis most imperative necessity.
School houses can be built and schools sup
ported in all the principal localities at a
cost which, when divided, would be homi
nal. Those who have means of judglig,
can testify that the standard of educatios
is so near zero, among the generality of
the children, that immediate action can
alone prevent a degeneracy both in morality
an :!lect, shocking to'behold. A libra
ry, with branc.'.~ should be set on foot as
soon as possible.
Mail facilities must be enormousi" in
creased, or inconveniences and a literary
destitution maut be the consequence.
Above all, the postal transmission of books
and papers should be sought from the home
authorities. This throws us beek on the
road q estion. Good roads, at a low level,
must be made erp mails caM keep time or
even rant at all, IA winter.
Taxation is the "mainsprng of iupprove
ments, for outor nothing, noihing is made;
and they' who wbuld dance must pay for
the mastc. The ieople have no objection
to be tax.d so 'lo as they get the value of
their nioaey, . a must be seen to, for
i an itching pam'' is a verb.y csmon
cotbhplinjt, and its care, in publib mat
torS, h6anld be so sharp and st.e to
pevenaeatreen eeae of th'disorder. We
a~rdia1y endorse the views .ezpreesed in
, as to whaet si l be the basis
of It .i'Mi oiue.ijst to tax the
future i ; tMi he s et belng bcown,
and tb otkiV aum fa s aigl.ary isooeatity;
yet fi 9414lke °t par A petr elsae on
the ia. of ýiC Auy-; back-suitstWl M e,s
we should think, of the enrevealed even
tualities of the time to come.
º Perhaps no quegtion afets us mpre im
mediatel than that o h ourresnj . It
should generally kl that ,Jua
tiec H !ghas de that e, iassse
I whneeý.dit is , treuasr ruotes yill
pay the fsae-t illy " hat fi -a er
chant giving eredit for 6100 can be legally
tendered *100 In treasrury notes, by th
debtor, i& full diebargie 4the aeouant.
No other rultd. routldbe equiable, and cer
tainly none other would be legal, for gold
is no more dollars and cents than wheat or
barley. It is a eommodity worth 18 per:
ounce, and unless accounts are kept in
pennyweightsand grains cannot stand for
currency. The case of California is cited,
and -the searoity of money there, is adduc
ed, with stringent logio, as an argument
for our own consideration. Capital is
needed to develope our claims. If it come
from the East, it will be intreasury notes,
and if this be made our curreney, the
scarcity of money will disappear, and pros
perity will be universal. Gold dhs.t does
not weigh the same in all scales, especially
late in the evening, and upon the whole, we
think no -more -necessary measure can be
introduced, than one making the national
currency, vulgarly called greenbacks, the
circulating medium. Another fact must
not be omitted, and that is, that the gold
current in this city, from October to April,'
is not worth as. much by 25 per cent., as
that in circulation from April to October.
It is blown by the merchants, blown by the
bankers, mixed with quartz and the refaso
of the gulch, and all the real dust goes to
the States. It is essential to our welfare,
and the value, as compared to gold, will
soon regulate itself.
That a country must have suitable build
ings for the confinement of criminals, ad
mits of no doubt, and as soon as a jail,
conducted on remunerative principles, is
established so soon may we count upon a
decrease of ctime, a secure custody of the
lawless and a diminution of expense.
Some excellent patriotic remarks close
the message and we trust that the pro
gramme so ably sketched by the Governor,
will be carried out by the Legislature, The
result must be increased prosperity and sta
bility in territorial affairs.
The paper relects great credtt on Gov
ernor Edgerton, and will compare favorably
with any similar exposition of policy in
augurating the first session of a new born
Legislature in the Far West.
sam mack C~rrespondence.
(From our Special Correspondent.]
BANxACK, Dec. 21st, 1864.
My ideas of the members of the two
Houses of the Assembly must be deferred
for the relation of events which have tran
spired since I last wrote you.
After the adjournment on the 12th, there
were numerous caucusses, and speculations
became rife as to what Mr. Rogers would
do with the Governor's "iron clad." It
had been currently reported that he had
seen service with the tatterdemalions of
Sterling Price, and this report was
thoroughly believed by his friends, so that
if justice had been done him in the premis
es, he would have seen more bayonets than
ballots, and in the place of honors would
have received a halter. For this reason he
was nominated for the House and elected,
and for this reason, also, he was the promi
nent candidate for the honors of the Speak
IIo cam- on Monday evening on the
coach, anxiously enquiring if the organi
zation was yet effected. Mr. McCormick
cared nothing about taking the oath him
self, he had become so thoroughly versed
in the Machiavellian philosophy, that he
sees clearly how consistently he may be a
good friend of the Government, a Union
man par e.celleice, and yet aid this Rebel
lion until the American people will deign
to elect a President to his liking. Hence,
swearing to support the Government and
constitution, by the logic of McCormick, is
swearing to aid the rebellion until some one
comes into office who will properly distri
bute the spoils. So with that sinister coun
tenance of his, he went to the Governor to
induce him to make an exception, in this
matter of swearing, in favor of his rebel
friend. This " oath " was not only in the
way of Rogers, but Pemberton, of your
place, did not think it would agree with his
stomach, and like the sensible man he usu
ally is, refused to compromise his friends
by accepting one of the chief clerkships.
Thursday came. Lawrenca took the oath
in the Council, and in the House Rogers
dictated an oath which he said he could
take and not turn his stomach, even if it
did trouble his digestion, and the House
voted to let him in if he would take that.
Down it went, and a joint committee of the
two houses waited on the Governor to in
form him that they were ready to hear any
communication he should be pleased to
make to them.
The Governot thought that it was his
duty to see that it was the Legislative As
se.mbly of Montana, organized _.iipursu
ance of law, brforo he made any cO6imuni
cation to them, and so be mildly told the
committee that he had a communication to
make to the Legislative Assembly, but not
to any hoase until it was p.,perly organ
The committee returned, reported, and
history gust say that here began the most
r`..~.ous farce enacted in many years.
Children's war is terrible, compared with
the one waged in the interests of this rebel
for two or three days. They g.avely passed
a resolution to appoint a committee to go
and tall the " school marm " of the Goves
nor. They mistook fustian and froth, borm
bast and buncombe, for a little good sense,
and in. their hot haste to make a point
against the Governor; transformed them
selves into-well, prck animals of inole
Bagg in the Council, and MuCormick and
Mayhew in the House, thought the Gover
nor would scare at one.ofa thse speeches
with which your Madisen county readers
are so familiar, but they did not move the
Governor into a state of uonesey nervous
ness, ven. Then the threat to teil..the
people of Menasna, fell powerless; to tell
Congress had the same effeet, and Snally,
to tell Abraham the eleeted and the eleet.
reeulted ditto. - The Gvernor. seemed
sa * iron-clad "--hummed his tune and
cracked his jokes with his wonted aunon
eern, and the farce fnatly fell through of
its own dead weight. Bogera esigned ;
the buzzards who were hfre after seekpick.
ings as a faithfpl Deaooratio Legislature
is wont to regle its votaries with, swore
-bidrbly,s.a4 )Zteajsib+ who gfr.li to be
bte T atliw W9 odvdf M6utsa , and who
opeoned a new political campaign the day
after the last election, spoke of that vio
"en eame aotion to ~end santher d..
mie to ths! oveomr, v4ieh our Ddho-r
crat a friends thought degrading, but it
went over their heads, and the Governor
waited upon the Assembly apd rea4 them
At wouldhare pleased Jour readers could
they have seen how blandly Bagg looked at
the Governor from behind that birsute ap
pemdage of his, whb the reference was
made to the war and the condition of af
fahrs in the States; All the rest of the
"faithful" were thoroughly disgusted,
but the good Mhajor is never so fooish.
Below is a list of the officers:
President.--R Lawrence, Madison co.
Secretary.-G. A. Haynes, Beaver Head
Asssistant Secretary.-F. H. Angevine,
Enrolling Clerk.--John C. Ryan Madi
Engrossing Clerk.-R. Hereford, Madi
Sergeant at Arms.-ll. G. Otis, Beaver
Doorkeeper.--H. Gilman, Beaver Head
Fireman.-S. Chamberlain, Beaver Head
Pago.-W. P. Edgerton, Beaver Head
Speaker.-George Detwiler, Jefferson
Chief Clerk.-W. L. Brown, Madison
Assistant Clerk.-G. H. Stevens, Beaver
Enrolling Clerk.--Dick Richardson, Mad
Engrossing Clerk.- - Blake, Madison
Sergeant at Arms.-George Hill, Madi
Doorkeeper.- - Flaw, Beaver Head
There is one other matter about which
I am jealous. In the council, an invete
erate scribbler is writing letters to the POSL,
and I caught another "knight of the quill"
trying to do the same thing. Now 1 worked
hard for this position -got it fairly-am
paid for writing these letters. That they
do not suit all, is why they suit me so well.
I have represented my claim according to
law, and no one shall jump it with impu
nity. Let the audacious gentlemen beware.
More anon. FRANKLIN.
P. S.-ln reading over the foregoinr with
reference to the farce enacted by the t)em-i
craticznembers of the Assembly, I am com
pelled to ask you to make my apology to
those Santa Fe jacks, that do the freighting
It is the right of freemen to bear arms:
but privileges which are at war with the
interests of society are often wisely cur
tailed and sometimes, prudently abolished.
We think that in this kind of "Abolition"
all will concur. On Saturday night two
men were shot in IIattie's saloon, without
any reasonable cause for the affray. That
they and some others were not killed or
mortally wounded, was a mere chance.
There is no need of weapons either for de
fence or offence, in Virginia City. The
place would be as quiet as Boston, if the
practice of carrying arms were abolished.
The legislature ought to make it penal, in a
high degree, for any private citizen to car
ry deadly weapons into any public place of
resort or about the streets. The welfare
and safety of the public demand it.
QLacZ.er.- If some kind of check be
not placed by the Legislature upon those
who seek to fill their pockets, at the expense
of the life and health of their unlucky
patients, the constqua"nccs must be most
disastrous. A leg lost, and some scores of
deaths, are the fruits of quackery in this
place, besides minor injuries innumerable.
In a majority of in tances a civil action is,
practically, no adjquate remedy. Some
severe punishment should be metee out to
people who maim and afflict by their igno
rance, those who rely en a supposed skill
having no earthly foundation but ignorance,
brass and a doctor's shingle.
The Duty of Uuion Men.
At no time since the inception of the re
bellion has the prospect of peace been so
bright and cheering as at preisnt. We
have aecasionally beforo seen glimmers of
sunshine through thb fearful night of car
nage and desolation which has so long en
veloped the land; but never during this
trying period have we seen the benignant
sun of peace shine out, as it now does, with
the effulgence of meridian day. The whole
horizon is illumined with a blaze of victo
ry. Sheridan has driven the enemy pall
mell out of the Shenandoah Valley; Sher
man hazs virtually undisputed control of
Georgia and Alabama ; Grant is thunder
ing at the very gates of the rebel Sebas
topol; Price and his myrmidons have been
hurled head-long from the State of Mis
souri ; while, to crown all, in the terrible
conflict just fought between treason and
patriotism, slavery and freedom, Union
and anarchy, Jeff. Davis and Lincoln, the
cause of Right has achieved one of the
brightest triamphs recorded in American
anhals. God he thanked for the result !
This stupendous sacrifice of blood and
treasure has not been for naught. The star
of Liberty will not yet go down in anarchy
and blood forever. The freedom-loving
millions of the world can still cling with
unfaltering eonfdeace to tbo starry banner
as the last and best hope of humanity.
aut, Union men, the end is riot yet; you
still have an important duty to perform.
Let not the splendor of your victories lull
you intea ji ile secarity. Thti is no time
to he sitting on the stool of idlenees, and
rqvellin; in the gloeti you have won. Re
member there is diager even in victo r.
If- you blieve that eopperheadism is eadd,
aid that therefore no farther eertion on
yJor pari is nesa y;be at once undo.
ceved. ,Algain.sd again-hae we felt that
that oprge hi beu s iped out from- he
land forever; but as often hasjt risen irpm
Its mire and slime, and, armed with the
masio power of moeracy,"
to very exieten t "e as
ered that treason: sill jrks the
o ld . of the lag , n w i H o a
la.. on your P 13*0
iLs.and thrust i of
tbhe Natip.n Now is the golden *oment to
deal it the fatal blow. Let not the oppor
tonity paus unimprofed. The tile to is
luence mhen's political opinions is after the
election, when theif minds are tool and
rational and open to the. dictates of jadg
-aent sad reason ; not before the election,
when their passiens, prejudices.and ani
mosities are red with the heat of partisan
strife. What w~r want, says Gee. Grant, iJ
a vigorous and determined unity of senti
ment at the North. The force of this re
mark is strikingly apparent when we ob
serve with how much of joy we hiil the
faint glimmers of Unionism that occasion
ly peer above the surface of Rebeldom.-
We at once cherish the hope that they are
but smothered emissions from the pent up
fires beneath, wLich will yet'break forth in
their majesty, and wrap the fabric of re
bellion in a sheet of flame. With what in
finite delight, then, must the arch traitor
and his minions view the treasonable ma
chinations of a powerful party at the
North which every National election con
tests the possession of the Government ?
This tower of rebel strength must be torn
down, at once and for all time, if we would
have peace and prosperity again smile
upon our distracted country. Not a stone
of it must be left to encourage the rebels
in their infernal work of disrupting the
Government. To this end let no exartion
be spared, no available means left unem
ployed. Abandon no loyal organizations;
but infuse life, vigor and power into them,
that they may be of still more oefficient ser
vice in the grand work of saving the Re
Montana, eaeoiailv, owes this duty to
herself. Overfun for the present by rebel
fugitives from Missouri, and Copperheads
from the sinks of treason, Southern Indi
ana and Southern Illirnois, her voice in the
National Council is to-day mingled with
the allies of the enemies of the country.
Let that foul blot be wiped from her f:.ir
escutcheon. Let her not stand out, alone
among her sister Territories, an object of
detestation to all loyal men. Let ua go to
work with a will anl a determination that
will sweep every vestige of disloyalty from
our midst. Let it not be said that, wh 1I
rivers of blood were streaming from heroic
hearts for the salvation of the Re'public
millions of treasure poured out, for the
same hallowed pu pose-and mourning and
desolation enshrouding a myriad hearth
stones,-we were unmindful of all else but
our slavish devotions at the altar of Mam
mon. Let us but do our whole duty, and
then, when the Nation's flag again floats in
the gentle zephyrs of peace, plante:d as that
banner will be on the stable founda
tion of universal liberty, we shall have the
proud satisfaction of knowing that we as
sisted in the noble work, and of seeing our
infant Territory swell the gladsome chorus.
Lon- live the It 'publi! D. . L.
LMBsnRa \Voous, M1. T.
Distract Court Declsteo.
Chief Justice Iornier delivered the following
opinion with reference to the validity of the Idaho
Statutes within the Territory of Montana:
The question presented under that provi ion of
the statutes of Idaho, requiring the payment of a
tax by attorneys. ina'mnch as it embruc-s the ques
tion of the legality of the proceeding. of the courts
of this Territory, since its organlzation, is of great
importanc'. It is only because 1 am compelled to
decide it, that I venture to do so at all; but in the
necessity for the decision. I hope to find ample ex
cuse and apology for making one.
In the form in which the quastion is presented,
it is new, and, of course, not devoid of emimrass
monts that might tst the learning and r'.pacity of
older and abler ju:ists than myself--.nd when I re
flect that even they might fail, I take courage, and
proc.ed to the performanne of the duty, not with
out great distrust of my own judgment, but with
Ihe hope that I may at least &ecape any sini:ter im
The question is: Are the laws of the Territory of
Idaho applicable to the Territory of Montana ? If
this were a question dependant upon authority and
argument alone, this Court, after listening to the
numerous and able efforts of the bar l:ast evering
would be at no loss for support, whatever might
be its position. It ii, indeed, all the more dilficult
to decide the question, after examination of the
well fortified conclusions to which, pro and can,
lawyers have been driven, who have given the suh
ject ample investigation.
On the 3d of March, 18~i3, Cong;ess, fcora te:ri
tory balongin; to the Territories of Washington,
Utah and Dakota, declared the boundaries of the
Territory of Idaho, and passed an act for its tem
In the month of May, 1S~t. it daclarel, from
territory included in the jurisdiction of Idaho. the
boundaries of the Territory of Montana. and adopt
ed another act for its temporary government.
Previous to the passage of this last mentioned
act, the legislature of Idaho, at its first session,
adoptedl a code of laws, which werb in force over
all that part of the territory, afterwards changed to
Montana, before its boundaries were declared by
This code, since the organization of the now ter
ritory, by a kind of common consent among the
people, has been continued in force, and both the
civil and criminal jurisprudence of ahe Territory
has been regulated by it. A great number of civil
suits, involving in their determination a large
amount of money, and many important p'rsonal
interests-and an almost equal numbAer of climinal
suits, involving the trial and poseible punishment
of offences of grave character, have had their in
ception under these laws, and await their final is
sue in this court, and the other courts of this ter
ritory. In fact, the whole fabric of the juriepru
dence of the Territory since last May, depends up
on the decision of the question now submitted to
this Court-and the quation is precipitated upon
the Court In the midst o( the b-miness of an ective
session, all of whichl must be declared illegal, if the
decision be advease to the predominance of the eta
tutu of Idaho. To add to the ewbarlame nt of
:the question, there is none that I feel more than
that, which, in the event of a decision either wav,
oblige me to differ in opinion with so many gen
tlemen of the bar, who have beought to the discn.
iona of ths q on an anwontae degree of elo
vuenca aMd leming.
Viewaed in any light, the question is full of dim
culty. There as no positive authority oenthearids.
though we are nt w}thot precedent for the reo.
aition of the Idabo-b tates. It was the cme tn
Idaho, after its sepasuties from Wadhington. The
Buchana, while 8ecretary of State, gave intruc
tiuns for the lsupereuure ofa military govornment,
by the ddeSpai and Mexica lawi , until uch
tiame sATerriteriai or-Saltaaoverumeu could be
pt 4, t ol unelike our, reebl .it ij m
(dsif rlsa was uaqIred by trmt
t .a was set of from Idaho by act of Congress.
Now is there any reason, beeauw of the difference
bewwom.tk. two forem of !aeeuisio y. whrby one
more than the oer should be, sbjecat to the me
---n .h. ub'l '1ete, Mr. ouesseIs , ~.indd
the adoption of .the old law, beCat It what
conformable to tu codnton aid iast gi of
wnph, ins .& ogaapd esl.. nq' e r lle
tioc that the Govfomatwas nuder to resue tha
eiharlmy . '' dUaehwumgt ataab saOt tI
the insructions of Mr, - chesses, coMeeW ol
the.gofpe 0414r& veto
met, aft mitits', rcouniae4 th.3 tr ýa terrigor
isl relatie had bees chaed .nil ose wee
after that erect took lace. It toned them with
formed, crites oranisMd. ht held
versijs commecd c de h code of
it be belieed for a moment, that of
a new Tavitsy Coaq . derignd to i
withs of bse incidents of a soeiK,
eoald thr forsee ac prepare for ach
1po reat in its civil organisation, or to eaLdUI it
to a leadition either devoid of law or which r,"ir
ed a forcible sad immediate separation from all t
blwiLtp qmpd? S3lu the suit which hed b
eommmeied i after the new territory was formnl
abate becase it was cemmenced under the ce'l. of
Idaho .hould rights and franchises obtainl.at:
corporatios formed nader that law at that tin.
fail for want of law? Congress, rrtainly, der
nothing of this sort.
It has been sara with ability and ingenuity
tdat tuCComiaee O iw took effect open the pansa.
of the new act. What s the Common Law ? t i
ralp diicult os thi eoatmint to determine. It
means diferently in diEarent States. No part of
our country at any time, has ever been subj.j-t t,
the CommomaLaw as it ashts in the parent couti,.
Parts of it, to be asre, have ruled here, but it rs
ever been modilfed by statutes, distorted hy forms,
and circumscribed by plekdiap, so that an EngliI1
lawyer, umder all its diagmise, would fail to rsC
nie it as the a.apedo.os ~ytem of principles z
which he ed bees educated. Would it have bee
a natural or an easy transition from the laiw f
Idaho to the Common Law? Hlad not such right,
been acquired, such institutions formed, such obli
gations incurred, and rush intertets ivolved in
controversy under the Idaho code as would aho.
lately have prevented Pech a tran.itin ? In the
absence of positive authority, and when o munch
depends u.on the exercise of ordinary good erw,
in the decision of a question otf this tmportanc,, I
can see no reason for adopting a view of the .uº
ject, the only elffect of which would be to ,crets
confusion, niultiply' diffeultie, and comilicate
controversies already commenced.
Thi authority quoted from Chancellor Kent, that
" a State neither loses any of its rights, :ur ij .,j.
charged from any of its duties by a C:ar*ge in the
form of its civil government," though ntt norejiu
sive,is full of instruction. In immedi:te ercnnertiot;
with this he says-" The body politic is -till tbe
same, though it may hate's different organ cif c.u
munication. So if a Sjate should be ldisile In r,
spect to territory, its rights and obligation. are not
impaired; and if they have not been npportiontd by
special agreement, those rights are to be enjoy~l,
and those obligations fulfilled by all the part. in
common." If this language has any msanir,. it i,
that a State shall, when divided, unles ~by ,o-et
of its people, enjoy .the same laws that it l.ad.
when intact. Counsel aptly quoted the rec-rnt ,a_,
of the division of the State of Virginia. N,
change was made in the itate conStitutional ;ot
ernment and laws of Western Virginia. T!i art
may have said that the laws of the old Stat- Should
be continued, but, unless other. had been pre-or
dained, this provision would have been unn.c.-:,rr .
They would have prevailed as a matter of curse.
It ie so with thi T'lrritory. Th-. inhanlitanti :natur
ally conformned to the laws of Idaho after the epamr.
ation. They did not, and could not, from the i,e
cessity of the case, do anything else. There wvs t
much ,ivolhed in the change to make it. ev.r if
change had bean decirnblh. They coull not .!o it
without undermining and throwing to the .iiseh
their whole system of civil and c:iminal juiisu
But as the deci-ion of this question is not con
trolled by any direct or positive law. let us try to
contemplate it as an original question,. now, for ti,
first time preso.ted to a court. lore iz~a people
numbering twenty-lve or thirtr thousand. They
have surrounded themselves, as far as their condition
would permit, with all the inotitntions of ciriliz-l
'ociety. Towns have sprun, op anmr:i. them.
Bu.aneis interests and busine:s iea:tlou- liars has
formed. They have existed n.der the laws cf a
territory, of which they formed a component Fart.
Suddenly, by an act of legi-lation, they find t!k.ra
selvrs separatri by law from the territor. eand forni
,1 into an organization by themselves. What are
they to do for law ? They have impoa tart Interts
involved in legal controversy. They have charters
and corporations which have been formed under the
laws of their old organization. They have never
dreamed of the possibility of a change in their jil
ri-prudence. Now shall they go abroad for law:
shall they alter their statutes: =hall Vev imperil
the interests that have been submitted to their iil
tribunals, for the sake of introducing srometline,
strange, anomalous. new or experimentaL? This
would not he the natural course of things or in Si
cordanc' with the wi hee of any great portion of
the people to be affected by the change. On the
contrary. they would naturally continue to eamploy
their old laws as far as possible. .nail, by legisl'
tion, they could suit themselves bhtter. If this is
natural law, why should we seek to changs it by at
tempting to conform to notions and precedents
which overlook all the real interests to be a.ffectl
by such incompatible agencies.
I ubmit then. with all due deference to the gin
tlesmen, with whom I am forced to disagree. whether
in the absence of positive authority, and with the
preponderance of all real authority an favor of n.-
taiing the present onler of things. it would tb
wise. right or proper to decide against the -tatut's
of Idaho. I think not. It seems to ml that th~
people of this new Territory. in the event of soci
a deci-ion, would have just ground to reg-arl tlhe
courts provided by law for their conver.ienres acd
happiness, as their oppressors and tyrants.
With re;asrd to the particular riueation ei:hmittrd.
as to the liability of attorneysv to pay a lic.r1s. I
should, if it ware consistent to do so, veryL gl:diy
relieve them from this liability. But I do not sea
how it can be done without unhinging the entire
fabric. As this money is to he for a praiseworthy
purpose. I trust that gentlemen of the bar, will not
feel it too great a hardship to comply with the re
quirementa of the law.
In Gallatin, Jalfe.ron county, on !unday, D'--,m
her 12, 1564, EDWlN P. BoTSFnR formarly of
Racina, Wisconsin, aged 25 years.
il~~ • ]• l l•lli
O NE of the BDet Quartz Minin- ioterest+ in Mon
tana for sale at a great ascrilice. .'0O O eet.
principally interests in discovery claimn.. tn th'
list are claims on the lilaa Brain and Bohemian in
Madison county, and the well known Conrtiight.
Ophir, Montana and Peruvian Lodes, in Jer·na
county, in Prickly Pear re;ion. They will 'e .-obl
separately or together. For particulars reel"e'ing
ua-ays, parce, terms of sale, enquire of
I8-tf JOHN C. TURK.
S ray Cattl?;.
TAKEN UP by Win. Connor, herdsman for Ker
Scheval, Kinnry & Co., at their ranche on the
Madison. 10 miles below the creewing on the G:tll.
tin Road, four ad steers, one branded on left hip
-gurn 8, bo.-tail lie years old; one pale red. a.
~and. yeme od; onm heavy red, no brands. IVr
years old ; one deep red about 7 ymea old. Owne
can have thwe smeby proving property ai.d pya izS
D.ec tuber 19th, 1364. I -Xin
A e ice.
P HERE will b e amothly me.ting of the S R
. da Circle, Feajan Brothauroud, in Nevado ti ty
on Thnrsday evening, Jauary Str, 1S65, at Bradi'
Ball. A full attendane is expected as busiue .
importance will be trmnuectud.
IS-It JOHNI IH. MCGUATUi. Sec'Y.
R Eu Keatsting eights of the erado Circle
IIof Feuiuq ýrotcarhood, every TLurid..J ec'C
ni8-- 3L VMN U. ICOa(TH, Sec't'.
Particnjaratt *5iw i ''t0 the rile of Ii\e
Qtoeurr Real tt, isales of Stocks of cJoO'b
in t tots; te at ta;E`lhbsw Comia, V'iritw
Cy, x.Jt I. _. ate.-19y
A e ma ,. ce.
C adOgfr lead At>".bsm ep~a to m i c'
w-tl yd r k auor eWY(eLLth r
eictu' . N . eý: ' Ir itswN Sre i. via