The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1872-04-06
The 9tw -4arth. atts!.
srfAfN OK. MR. 611GErr
Or the Dill, Establishing the Pras,ice In
territorial Couvfs. ~ 7 !!

PEI" ~
I ffror the Congregational Glob-, March 18TH,
MR-CL.cErr.-Mr Speaker, on the pot
of January last introduced for4hc corsi
scration Of the House the following bilii
BE It enacted by the Senate and. House q
REPRESENTATIVES Of the UnltcJ Stats o
America IN Congress asseiubIed, That tn
supreme and district ces,ttrts of tho scvera
Territories arc hereby declared tcrritoris
courts>whisc exercising their jurisdiction il
cases arising or properly c0gnizablc undo
The laws OF said 1errit0sics and the Lcgis
!a'i'c Assemblies of said Territories shaI
: have power TO prescribe by law the plead
ing, practice. 9nd procedure. j., all cases i,
cnancery and at COMMON law now pcndni
or after instituted in said territorial courts
ana I" provide IN such eases for the joindcl
oi legal and equitable causes of action. fO,
the intcrpositita,; Of, EQUITABLE. dcfenscs tt
legal causes Or action, and for lie sam.
mode OF pleading. practice. and procedure
- ysses " chanccry and at common law
|ror.aea. That nothing in this act shall ,,t
construed to authorize said Legislative As
srmnl'es to change or interfere with atl,e
P'caa'hg. practice, or procedure Of sand
courts while exercising their jurisdiction ms
circuit or district courts in cases arising I'M
der the Constitution and laws If the United
Sts'rs; anu pr0rided .tu,kher, That the tx.
's''ng legislation Of the several Territories
prescribing the mode Of pleading. practice
ana procedure in said Territorial courts as
si'"r,ned herein. is hereby recognized as
valid ind declared in force in said courts
,nnN in the determination of all uppsals
thcrcirom, until the same shall be amended
modified. or repealed by the Legislative A.
Semhl!es Of said Territories respectively.
] regret the necessity for the introduction
Offsueb sbiIl. ,"tSiuu,le W it seems to I've. II
possesses II scope wider than would at first
appear, ana an Importance rendering its
passage matter of absolute necessity, To
demonstrate this il Is requisite thai there
.Ahopld W bfief review of u,e Dreseni con.
dfArtof the n,Hc Territories n'tiig Union
rs compared with that of the Territories less
than onegcnm,op pgo. Formerly the char.
actcr OF The Western settlements was purely
agricultural. The Territories were few in
number. and parcels of land were from time
TO- 'i'he severed from 'hcevcr rcccding bound
aries OF civilization. erected into States and
Territories. - ~
The population essential to secure admis>
sion into the Union was comparatively small
me industries OF the people we're crude and
un'npor'ani, aud suggestive mainly with
reference 10 future DEVELOPMENT. To dnv
exclusive OF the District Of COlumbi,) W..
have nine Territories instead of two or trre
covering an area of million and \ half ri
square miles, with a population of six hun.
are" thousand. and Owing To the large cx.
cess OF nbIc'bodicd male adults represent.
ing productive capacity of at least a mil
non and half OF people. Their industries
nave become varied, and their mining enter
pr'ses, yielding annually forty.fve millions
o. u'e precious metals, the product of hun |
urcds o' millions of invested capital. demand |
the use of great technical and scientific
k'Wwls!gc. md in connection with ncricnl
tare and manufactures have produced all of |
, nc de''caicIy adjusted industries incident to |
large business communities.
civilization in It's highest forms of dcycl
ophent has been transplanled bodily in the
very heart of the western wilderness. Local
needs and necessities. requiring many radi
cal changes in the system of Jurisprudence
prevailing in the Older States. have made
themselves apparent These necessities. the
OFFSPRING OF new condition or things. have
round at once expression and provision in
nc oca' glslation OF the several Territories
~ 1iiese Terriinrics,, thus briefly described.
u 's necessary to know what kind of lcpaj
pi"ci ice has obtained. and. by what kind Of
courts has justice been administered in or.
Ter to appreciate the importance of This h;Il
The nature Of the district and s,inr.mn
courts created ny the several territorial or
ganIc acts has since 1928 until recently re-
;cived uniform interpI elton. They have
'e. m regardea as being at once Federal AS
~cli us Territorial courts, exercising ,uris.
ne.'on On the one hand as circuit or district
nutts OF the United States in cases arisiny
ihder the Constitution and laws of the nm.
ionai Government. and on the other as Ter.
, 'M.n, .oul.s IN cases arising or equitable
'ndcr the laws Of the Terri(t,ries
In The former class of cases their nrocess
las been served, their witnesses and iurors
ummoncd by the United States marshal :
no me expenses of litigation paid ont Of j.
nc United States Treasury. The forms of
uea"'fg' practice and procedure have been
ach rs are prescribed by the laws of the
Jhltcd States and the rules of the Sunrenn
'"uri. In the latter class of cases the plead.
hg, practice and procedure have been D,..
rrloed ny the Territorial Legislatures the
Iocess OF the courts has been served by the
nenhs Of The several counties, and all Of the
expenses incident 10 litigation dcfruyed NV L
70 several county treasures. No spDropri. II
l'on nas ever been made by the national
alton under local laws, nor have the lo,al r
legislatures ever been called upon TO nav I
'e litigation under the laws Of The Limited q
'ntes. The Same district Judge Ina acted /
OhIted States officer and as officer of the n
crritory. - WV b
The two classes Of litigation have been ri
'pt distinct, and this practice Analogous tn r
III prevailing in the States, has met with D
e universal appreciation of the pcoplc Of D
70 territories, and llas enabled the Terri II
rial Legislatures 10 adapt their laws tn the c
or shifting necessities of new communi> v
=: Nor has this. practice been destitute of J.
dicial sanction. In fact, TOR more than Y
rty years. II has found its authority in n u
clk'0n ct the Supreme Court Of tie United q
ates. decide" by Chief Justice Marshall In p'
e case OF the American Insurance Company ?!
Can'er, reported in Peters, page SAG et
THE case. after an exhaustive INQUIRY into III
nature OF these territorial courts, il Is III
Id that H. '.y. d. -Na:I Ir1' - 80,
II hcsc courts are rot constitutional cour,s ~ ~
which the judicial power con errsd by the 81 :.
institution on the General Government - -
u NC deposited. They are incapable Of i.
ewing it: They arc legislative courts. =.
.a'ed IN virtue Of the general right OF anv. ~
.lgnty which exists in ihe Eoyerument, or :.
view OF That clause which cnabl,s Con, ~ =.
ess J" make ali bccdful rules and rtvol =.
MS respecting me Territory belonging to =. ~
'Ited S!aiea The jurisdicii0n with .:iich q" ~.
y are invested is not u part of that Judi =.
J power ~ hich isidEdned IN tic third nj. ~
e Of the Constitution, but 10 conferred by ,h'
rWSe la H.. -.e-