, 1857-01-16
nents by the Council. We will give fur.
ther report Of Thursdays proceedings next
veak
HOUSE.
MONDAY, Jan. I2

HOUSE.
MONDAY, Jan. I2.
Several petitions were presented in re4
lation to division Of counties, &C., and the
/ Speaker signed several bills, the passage
Of which has been noticed heretofore.
Mr.. Clark, from Judiciary committee, to
whom had been referred that. portion of
the governors message referring to the
proclamation and enforcement Of martial
law over the counties of Pierce and Thurs
ton, made, in substance, the following re-
port: .a.AAs. l.4 VhL
In the latter part OF March last, certain
citizens, Of the United States not belonging
to the volunteer forces, were by order Of
governor Stevens taken and confined in
the guard house at For. Steiacoom, TO
await the action of military commission
appointed by his excellency to try them,
upon the alleged charge of treason. The
prisoners applied to judge Chehoweth, U,
S. district judge for the district in which
they were confined, praying for writ Of
hOJeas corpus which prayer was granted
and q writ issued. .aansi7 p
Gov. Stevens proclaimed martial law
over the county of Pierce on the Sd Of Ab-
ril, which continued in force until the 24th
Of the following month.
The commander at Fort Steiacoom in
formed his excellency that il the writ Of
habeaS corpus was served, he should make
due return 10 it. Whcreupon, by oder Of
Gov. Stevens, the prisoners were removed,
before service of the writ could be had up-
on Col. Casey. to Olympia in Thurston
county. a,''.t. -, ~, W.
On the 7th day of May, The U. S. dis
trict court. for the county Of Pierce was
holding its session, when an armed force,
by order of Gov. Stevens, invaded the
court house, and while the Judge was In
the exercise of judicial authority, forcibly
took him from the bench, arrested the
clerk and seized the records. -
On 18th Of May, the prisoners again
made application for o writ Of habcas c0T-
pus to chief justice Lander, presiding judge
Of the district in which they were in Gus
tody. The application was considered,
the writ issued and served upon bic excel.
Iency, who upon the following day, pro-
claimed martial law over the county OF
Thurston, and, with an armed force, caused
the judge to be seized and conveyed .
prisoner to camp Montgomery. in Piercsr
county. ael -, ast i,.ap. isdl'
Aud am further instructed tolreporti
that in the opinion of the committee, his
excelency, by the proclamation Of martial
law over said couniies, could have no other
object to accomplish than the suspension
Of the writ Of kdbeaS corpus.
Also, resolution which is herewith pro
sented, aud recommend its passage.
(Signedl sag ,FRAEK CLARK.
Chm'n Com, Judiciary.
Resolution relative to the proclamation
and enforcement Of martial law. over the
counties Of Pierce and Thurs,on 80
Resoircd By Le Legislaiiv Assembly Of
the TERRITORY Of Washington, That in thus
attempting to suspend the writ Of Aabeas
corpus, the governor undertook to exercise
power conferred by the constitution Of
the United States on congress alone-that
in any attempt to interfere with our courts
Of justice or to try citizens before miIi-
tary tribunal, he acted in direct violation
of the constitution aud laws of the United
States, and that any such attempt to ex-
ercise unconstitutional power tends to the
subversion Of our free Institutions, and calls
at our hands for the strongest condemna-
tion.
The resolution was taken up ii 10 order
and ordered to second reading.
Mr.. Miles moved to lay iton the liable
lost.
Mr.. Henness moved to re-commit The re-
solution to the committee on Judiciary,
with instructions that they report 10 addi-
ton thereto on Gen. Woods ordering SET
tiers out Of Walla-walla county. 81
The CHAIR decided the amendment out
of order. .ihn ltl3rafl
Mr.. Strong appealed from decision Of
the Chair.
The Chair was sustained-ayes IS, noes
IL. ,s-,. ~. s...'i. .,..,'. ,'S,s,F
Bill relative to Northern indians, was
read second time and referred 70 . select
committee. l l..ir 20 asol 100 .hft
Several bills Of local character were
acted upon.
Adjourned. f.F
TUESDAY,, Jan, Is.
Mr.. Huntington presented Fsmonstrance
Of citizens Of Lewis county agninst the re-
peel of the ferry charter Of J. O. Cochran
- 4 l. ~. - =.