Owyhee bullion. [volume] (Silver City, I.T. [Idaho]) 1866-1867, 1867-04-04

the people, for such modification in the
Organic law of the land, as will confer
unlimited legislative power--a power
controlled only by the judgments of those
who exercise it. Since this demand is
made in mode not prescribed, it, prop
erly speaking, becomes an assumption, "a
usurpation of power, That it is such an
assumption of power not conferred, we
propose to show, not because we have
the burning desire" to. find fault, but
because we conceive it the duty of every
descendent of the fathers of republican
ism to guard well thelegacy purchased in
blood, and bequeathed to our most sa.
cred guardianship, Should the party
in power happen to be of our own politi-
cal faith, the duty would be no less i'm
perative. Wepersume tits proposition
at which cavaliers will hush into the 81.
lence of the grave, that the Legislative
branch of the government can assume no
power, not specially delegated to them.
Then we say, LIST. That when Congress
assumed as it does in the first "whereas"
to be the government of the United
States, it was unwarranted not only by
the express declaration of the Federal
Constitution, but contrary to the very
spirit and genius of our Institutions
End. When Congress assumed as it does
in the second "Whereas," to set up the
Military governments, because of law
lessness and violence in the Southern
States, it wrested from the executive,
authority specially conferred Upon him by
the constitution, when such interpositiou
should be solicited by the state authorities
When it appears that state governments
afford no adequate protection, the remedy
is to be applied by themselves-and
such want of protection confers no addi-
tional authority upon congress. Should
it do so, the rights of states would prove
q mere creature of the imagination. The
legitimate conclusion being, that where
ever crime exists, and violence, riots in
the land, the same authority would be
conferred, Every state in the Union is
directly affected by the principle involv-
ed. Ifthe principle be acknowledged,
State authority is forever blotted out and
is at once consunmated.-
3rd. Of the same character is, that as
of the power to create Military
Governments. They may guarantee re-
publican forms of government, and none
,ther. A declaration of martial law is
he province Of the military commander
n possession Of country, in state of
var. Does Congress imagine that even
he Military could now declare martial
aw? Does state of war exist? Is
here any violations of the Constitution
which the civil authorities are impotent
o suppress2 Besides we ask, where is
he authority for the abrogation of States
md the establishment of conditions of
ociety unknown to our laws, and con-
rary to the spirit ofrepublicanism,
18th. 1t creates tribunals in contra
rention of the express dictum of the con-
titution, and incites to the violation and |
of the law of the land.
9th. 1t deprives parties of the sacred
privilege of appeal from judgments,
however oppressive and unrighteOus.
9th. 1t prevents the exercise of jul
licial functions by the civil tribunals of |
he land, established for the public good.
And It'll. 1t directly violates, and
verrides the federal constitution whence
congress derives its authority, in regard |
o the Habeas Corpus.
t is thereby assumed, that war, or the
for this feature of the bill, can
lot be perceived. We are sorry that
his species Of Legislation, disgraces our
tatute books. The objects and purposes
f the bill are patent to every mind
he prevention of the exercise of rights
y a people in known hostility to the
'arty in power We cannot notice these
S we desire, in this short article. To