The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1868-12-26
Action Demanded by
the People.

In the present condition OF affairs
: the Legislature Disrupted by the Gov
ernor and Republican members--appro-
ipriation bills and other important meas.
ures not passed-State warrants unlaw.
fully issued and depreciated-public cred
il greatly impaired-the State Govern
ment running on credit, with money in
the Treasury-creditors deprived Of their
just earnings-the Asylum, Penitentiary,
State House, and other public buildings
unproyided for-no reduction of the rate
OF taxation for State revenue, although
it is believed that from twenty-five to
thirty per cent. may be counted upon
under this state Of affairs what il to be
done 7 When the Republican members
seeded, and thereby prevented the Leg
islature from completing the business Of
the country, tho remedy was plain and
easy. The Governor. by the Constitu-
ton and laws Of Oregon, should have
forthwith issued writs Of election to cy-
cry county wherein vacancies existed
| by so doing, in ten days the wheels Of
government would have again been in
motion, aud all these grievances have
been prevented. Being himself the chief
conspirator, the Governor was not the
man to retrace his steps, and make repa-
rati b to an injured and indignant peo-
lplc.
| Notwithstanding the House Of Repre-.
sentatives in the name Of the people,
might have ordered the Speaker to issue
writs Of election to gil vacancies; yet,
willing to give ample time for, aud even
hoping that the Governor might repent
Of his misdceds, the Legislature took o
recess until the 18th Of March next.
In the short space of less than two
months the country has more than real
ICED our worst apprehensions, for all of
which the Governor and Republican
members are responsible; their party as
sumo the act aud their organ, the Ore
gonian, defends it, and the dofaulting
parties arc resortiug to every possible ex-
Ipedient to force their worthless warrants
upon the country aud upon the reasury
Had they but used half tho effort on the
line Of duty pointed out By the Constitu.
zion which they have used to avoid it, the
embarrassed condition Of the government
would have been long since removed.
Ii is mistake that tho Democratic
party is impartuning the Governor, Ell
ther for wriis og election or an extra ses-
sion Of the Legislature; Democrats have
but faithfully portrayed his crimes in
the betrayal of the public trust, which |
doubt not they viii continue to do, point
ing out TO him the Constitution and the
laws which he has 30 aagrantly violated.
| Turning from the Governor as having
manifested no sympathies with the peo.
DE over whose government he assumes
to N cside; aud as having ignored the
hiehes, duty deyolved upon him by the
Constitute n, it is emiuently fitting that
the Democratic party "take bold and
positive course.
For several reasons am satisfied that
the writ Of BtaHdamms will not lie against
the Governor in this instance, and could
refer to some very plain enactmcnts in
support Of this view were it necessary
but it is not among Democrats that this
question need be discussed. If Rcpub-
licans think mandanms is the appropri-
ate remedy, either against the Governor
or Treasurer, let them try the experiment.
Should il prove successful in restoring
the Legislature and healing the wounds
inflicted upon it by the representatives Of
that party, the country will at once be re-
lieved through the needed legislation
Should it, however, prove unsuccessful,
as in my opinion 1t most assuredly would,
the blunder would be theirs, and we none
the worse.
Under the English law, upon Parlia-
ment being summoned, writs of election
were issued out Of the Office of the Lord
Chancellor, keeper of the great seal, and
Privy Councillor, but if vacancies hap
pencd during the sitting of Parliament,
the Speaker of the House wherein they
occurred, or if in recess, without such
Eorder issued writs of election. These
distinctions grew out Of the necessity that
neither House Of Parliament, whether in
session or under recess, should be ut the
mercy of any individual or officer with
out their jurisdiction, for their existence,
preservation or dispatch of business. 1t
must have been necessary power TO have
been provided for by law, and may be in
ferred to have been an inherent right
sustained by the maxim in the English
law "That whatever arises concerning et-
ther House of Parliament, ought to be
examined, discussed, and adjudged IN
that House to aehich Il relates, and not
letseWhere.'
Thus it is shown to have been of prime
necessity that each House should possess
in itself the power of self-preservation !;
making and enforcing its own rules; pun
ishing such as may be guilty Of contempt
tuous behavior; and providing for ext
gencics as they may arise. These pow
ers and privileges cannot be all enumera-
ted. Blackstone has it g that if all the
privileges of Parliament were once to be
set down and ascertained, and no priyil-
ege allowed but what was SO defined and
determined, it wero easy for the Execu-
tive power to devise. some new case not
within the line Of privilege, and under
pretence thereof, harrass any refractory
member, and violate the freedom of Par
lament. The dignity and Independence
of the two houses are therefore in great
measure preserved by keeping their priv
Il ileges indefinite"
j The farmers Of our Constitution having
enumerated certain powers and privileges
Of the Legislative Assembly, and each
j House thereof; yet With almost prophet
ic eye seeing that if each House possessed,
only the powers specially enumerated,