The Montana post. [volume] (Virginia City, Montana Territory [i.e. Mont.]) 1864-1869, 1867-04-13
aaaroI VIRGINIA CITY, MONTANA SATURDAY, APRIL

legislative body. Taking the Gdzette's
own statement. the bill making an ap-
portionment of the Territory as required
by the act was vetoed, and was not
passed over that veto. 1t is not essen
tial TO the question where the failure to
apportion the Territory rested it is suffi-
cient that it never became a law and that
subsequent elections were illegal. The
Democrat says not, but General Meagher,
who now pledges himself to the enforce
ment of the enactments of these illegal
sessions, in letter written to gentle
admitted their illegality, and added, " it
is clearly my conviction that the legisla-
tive functions of the Territory have tenn
porarily lapsed." This opinion was also
held by the judicial authorities of the
Territory. There was no legislative
branch existing. The only two existing
branches of government, the Execu-
tive and Judicial, pronounced against it,
and the matter was so laid before Con-
gress. By the Organic Act, Congress
had delegated to this people the right to
make laws for the government of the
Territory, defining the manner of hold
ing elections, etc We failed to comply
with these requirements, and the legis-
lative functions lapsed. The laws passed
by the bodies calling themselves the ID,
Sd and 4th Legislatures are of no more
| account than enactments passed by a
troop of school boys over dead kitten.
Not because the majority of them were
not useful, just and necessary, but be-
cause they were illegal. Congress has
authority to make all needful laws
and regulations for the govern
ment of the Territories. and the
power TO decide on the question pre-
sented; whether or not the provisions
of its delegated power had been com
piled with by the Territory. There
could be but one decision on this quSs-
tion. The legislative functions had
lapsed. Congress, therefore, passed a
bill reviving those functions, making
the special proviso that in all claims of
vested rights granted by the bogus SEES
sions, the party claiming the same shall
not, by reason of anything in this act,
be prevented from testing the same in
the territorial courts. That it not
the intention of Congress to pass an act
that would initiate against the rights Of
the people. is evident from this clause
and if ever dollar is lost by any one
holding quartz or other property under
the titles granted by the second Legisla
ture, it will not be chargeable to thi:
act 1t is merely a refusal on the par
of Congress to recognize the validity o
the enactments of an illegal assemblage
pronounced so by Democratic Cover
nor and Republican Chief Justice. W.
had given US a rule by which TO worl
out our territorial salvation, and neg
lected to comply with it's requirements
If this bill is signed by the President, W
will have another opportunity offere'
us, and the general enactments of tn
annulled sessions will probably be adoI
ted by the coming Legislature. If il
not, there is but one course left to th
people. We have not, individually c
collectively, any right to refuse obed
ence to these enactments. The questio
of their legality is to be decided upo
: by either the Court or Congress; an
until that decision is given against the
legality, the best and safest way is
obey them. All the rampant splurgin
!, of fire-eating Democracy is so much ella
. and buncombe. This matter is go
send to them to quibble about, as IL
> Democracy generally have gone in f
reconstruction, and the Montana wiz
hates to swallow that pill, and are IN
= king all their ugly faces over this on
i! Be Just and fear not.