, 1856-07-11

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my without The enemy having preyion,
notice of tleir cJmiGg. hut Sacr, they ha,,
been successful on various occasions, fud-
ing also in their encampmcnt subsistence
raised on the farms of these persons.
The ordering Of these persons into the
settlements, had good effect on both hos
tile aud friendly Indians, as by it Il con
siderable source OF intercourse between
each was cut off, and an example shown
them that we regard all as enemies who
did not aid our movements, no matter
whether they were white or red.
These facts were well known to the civi,
authorities Of Pierce county, for more than
six months previous, but they took no steps
to prevent the continuance, while those
who sympathised with the enemy, were
loud and camorous in their denunciationS
of the course pursued by the executive.
Witness the editorials of the iatc'" Puget
Sound Courier" published in SteilacoOm,
and the circulation Of set Of resolutions
purporting to emanate from the citizens Of
Pierce county.
AAlNNl luC ullIol vi llltoC DtlSOHS ny tIt
executive, efforts were made by their SYM
pathisers to wrest them from the power Of
the military, and claim their trial before
a jury of their own selection /; the result Of
which would have been to turn them loose
again on the community, and reopen inter
course with the hostile Indians.
To meet this evil, the executive deter
mined to declare and enforce martial law
over the county Of Pierce, and afterwards
for uhe same reason over the county OF
Thurston.
Notwithstanding these facts, chief justice
Lander resolved to hold term Of the dis
trict court in Pierce county, judge Chen
oweth's district, in defiance of the procla-
nation Of martial law. lie gives as a rea-
son for his determination, that his oath OF
Office compelled him to- hold court in said
district, at all hazards. We differ with
him on this point, and the more so, when
VIC take into consideration that large
portion of the citizens Of said county were
at the time actively engaged in the field,
been very difficult to collect proper grand
jury, or satisfactory petit jurics, besides
many of the volunteers had important cases
at issue, aud probably would have sustain
ed severe losses by having their cause
called and they not being able to answer,
as they could not leave the field without
violating the orders of their officers, and
causing detriment to the service.
And further, most Of the principal wit
ncsses against these persons that the gov
ernor had arrested, were among the yolun-
teers, and their evidence would have been
lost
If chief Justice Lander was right, then
Judge McFadden of the southern district
was wrong, for the latter called term Of
the district court in that district, and then,
for the same reasons as stated above, ad-
journed without attempting to do any bdsi-
ness. But We are inclined to believe that
judge McFadden was right.
Now gentlemen, VIC take this method OF
expressing onr hearty approval OF the
course pursued by the executive in the pros
Snd noUa ' asraoaIIy % i~ h;s .I o.j
enforcing martial law over the counties Of
Pierce aid Thurston, knowing as we do,
that this was the only alternative left to in.
sure success to the military operations, in
that section of the country. We do not
pretend to discuss the legality Of the qnes-
ton, but common sense teaches us that
when necessity exists, positive course must
be taken, in order to preserve the lives Of
our citizens. And we fully endorse the
statements made by the executive in his
" Vindication."
As to the course pursued by the "bar"
at Steiacoom. we have only to say that
they have been feed" by these persons un-
der arrest and consequently sympathise
with them. \,