The Montana post. [volume] (Virginia City, Montana Territory [i.e. Mont.]) 1864-1869, 1868-02-01
BEARING ON THE CASE.

'Sioeioh W bnc anu-Congress1Onal cleo
tion law of Montana, and that it has been
referred to the Committee ON Territories
of which Nr. Ashley is chairman. Al
though Mr.. Wsshburne, of Illinois, offer
ed hasty suggestion. which if carried
into effect would result in material injury
to the Territory, 1t cannot be regarded as
of any moment, as the dispatch bears
evidence on its face that the resolution
was offered prematurely on the hearing
of but portion of the facts in the case,
and the full investigation which will be
given by the Committee before any
report is made, will place the matter in
it's true light, and the matter Will end.
A history of the enactment that led to
this action of Congress, and the subse~
quent act remedying it is, however, APP
propOs, and we give it below An act
was passed by the Bannack Legislature.
approved January II, 1865. regulating
the holding of elections in Montana. 1t
being desired to make some amendments
to the enactment at the last session, q
bill was introduced in the Council by
Mr.. Corum, Nov. IL, to amend the above
act. Sec. 1, which contains the clause
conflicting with the act of Congress of
Jan, "a, 1867, reads as follows:
Be it enacted by the Legislature of Mon
tana Territory. Sec. ]. That section one of
said act be go amended as to read rs follows
That all white male citizens of the United
States, and those who have declar.d their
intention to become citizens, above the sge
of twenty-one years, shall be entitled TO vote
at any election for delegate to Congress and
for Territorial, county an d precinct officers /;
provided they shall have resided in the Terri
tory twenty days and in the county ten days
where they oder to vote, next preceding the
day of election.
The above is CerbdtiR copy of the
original Bannack statute, with the ex-
ception of q superhuous tautology con-
tanned in the former, and If we recollect
rightly, Mr.. Corum afterwards disclaimed
having noticed the confiict between il
and the Uniten States enactment pro-
bibiting distinction on account of color.
The bill, after several minor amend.
ments, passed both Houses and went to
the Governor, who approved it Nov, %.
In making an abstract of the laws q few
days subsequent, we noticed the clause.
and made inquiry of the Executive con-
cerning it Governor Smith stated that
it had been represented to him as an
insdvertency, that the other provisions
of the act were good, and that he ap-
proved the bill with the express under
standing that the Legislature would
amend that section. Regarding it as
wholly an inadvertency. we made NO
mention of it. until learning that q can
vase Of she, Legislature showed that there
was no disposition. or at least no effort
being made to rectity the act, we called
the attention of the Legislature to the
subject in the PosT of Dec. z, and in view
Of past difnculties urged the importance
I of immediate amendment upon their
consideration. II is not discreditable to
Legislature exclusively Democratic.
that upon a fair exposition of the case
By an opposition paper, in q few hours
after il was laid on the desks, passed the
following act with scarcely any debate,
and which was cheerfully approved by
the Governor within the specified time
An act supplementary to an act entitled, "an
act ameDdatory of an act entitled an act
regulating the holding of elections in Mon
tana Territory" approved Nov. p, lSeS.
Be It enacted by the Legislative Assembly
of the Territory of Montana:
Sec. L. That nothing In an act entitled, 'tan
act to amend an act entitled an act regulating
al hoI 81 -, i'm
tory" approved Nov ~, 1857, shall be SO
construed as 60 conflict with or abridge the
rights of any person or persons entranchised
by law of CongIess, approved (which be-
came a law) January "a, 1867.
Sec. 2. All acts and parts of acts incons'st-
ens with this act are hereby repealed. .l
Sec. 3. This act to take effect and be in
full force from and after its passage
Approved Dec 10, 1857. FL. f.Es. ...
We do not attempt to excuse, except
upon the ground of inadvertency, the
act of Nov. %, because, although the
Democracy of Montana think they are
opposed to negro suffrage in the Terri
tory, as citizens of q territory they have
no voice ia the matter either as legisla-
tors or private citizens. Neither do we
attempt to apologize for those who held
that the act was not in conflict with the
act of Congress, but it was amended be-
fore any injury resulted. and We point
with qualification to the fact that in the
strongest Democratic commonwealth in
the Republic. among those bitterly OPP
posed to the principles of the new era,
and to the bestowal of suffrage upon cit
izens without regard to race or color.
our elections have been uniformly
marked by commendable good order and
quietude. in city and town, and while
the negroes have. voted at every poll