Year: 1865




rights. But law isa meaningless word where
there is no power to enforce it. There can be
no power to enforce laws in a government with
out officers whose duties are prescribed by law.
For example, the supreme law of the United
States defines the duty of the President The
laws of Congress define the duties of the Judges
of the Supreme and Circuit Courts of the United
States. So it is with the officers of the several
States and Territories of the United States Let
us suppose that all the officers of the United
States fail to do the duties of their Offices The
result is obvious The government of the Uni
ted States fails by the non-acton of its officers
By the non-action of the officers of the several
States and Territories the government therein
would likewise fail. But we will not 20 to that
extreme. We we will suppose that Congress
and the Legislatures of the several States and
Territories, pass all needful laws, but no Judge
therein can be found who will adjudicate case.
The result again is plain. The organization
would remain, but the people would fail to have
their rights protected or their grievances re-
dressed. Hence, all the benefits which the peo-
pie would enjoy from good laws, by the proper
administration thereof, lost by the monaco
tion of the Judges and Courts. We therefore
canclude that Courts are the bond of union and
separation between the people and the govern
ment and that without Judges and Courts the
people feel no effect Of civil government With
out Courts the vicious may take the lives of the
good The strong may oppress and rob the
weak and go unpunished, for the laws, though
good and useful, cannot be enforced. 1t does
not matter how this non-action of Judges and
Courts comes about, the result is the same to
the people; their rights are lost and the end of
government defeated. But what is the condi-
tion of the people of Wala Walla County at
this time, and what has it been heretofore -
Since the First Judicial District was first estab-
-lished by law, Judge Wyche and Judge Oliphant
bav vp al FOL lv dott tla
Walla. Judge Oliphant resided in this District
during his term and perhaps did the best he
could. On the other hand, Judge Wyche has
never resided in this District, notwithstanding
the Organic Act requires him to reside here,
and he is sworn to support and obey the Organ
ic Act.


This, however, is not half Judge Wyche,
last Spring did not arrive at Walla Wala till
one week of the term was gone. AS soon as
that term was over he left here, not waiting to
dispose of some business of great interest to lit
igants, and in order to sustain as little injury
as possible, some of the Attorneys mere sent i'm
portant papers to him in order to have orders
entered upon those papers. But the papers thus
sent have never yet been heard from as the
Judge left Vancouver for the Atlantic States,
where he has ever since remained There are
other papers relating to other cases in Court
which Judge Wyche had in his possession du-
ring the term of the Court, that cannot now be
found. The I'd day of Oct, inst. the regular
term of the District Court, by law began here,
but Judge Wyche waits until the 22d of August,
when from Ohio he writes to the deputy clerk
Yocum, that he is going to Mississippi to visit
his friends This letter reaches Mr.. Yocum the
first day of October There were only two days
left till the term would begin. Judge 0liphant
is also in the Atlantic States and in all this
Territory there is but one Judge, to-wit: Judge
Hewett, and he is at Olympia, in his own Dis
triet-at least five hundred miles from US by
the usually Travelled route.


There are about so cases on our docket, and
perhaps thirty criminal cases. There are seye-
raj persons in Jail at large expense to the
County, and if they or any of them, should be
innocent, it is certainly hard that for the pleas
ure of Judge, who receives his regular salary,
these persons should have to endure the con
fnement of a dungeon for six months more


Large expenses are heaped upon the people by
the summoning of Jurors to attend this term.
Also, suitors are largely taxed with costs for
witnesses, and yet they cannot have their cases
Rdjudicated nor one ofther grievances redressed
because Judge Wyche prefers to visit his pGo-
pie to doing the duty his official oath requires.
1t will avail him little to say that he requested
Judge Hewett to hold Court for him, as that re-
quest did not start to Judge Hewett till about
August %, 1865, and that too from Ohio-not
having time to reach him till after the FIRST week
fthe term. There is no other Court here ex-
cept the Justice Court, and the jurisdiction is
only $780, Would it be either incorrect or un-
just to Judge Wyche to say that at the last term
of the Court here he instructed the Grand jury
that Yigilaut Committees were indicative Of a
healthy public sentiment, and intimated that it
was laudable for them to hang men and take
life and liberty, and that the Jury should find no
Indictment against them. 1t is true he did not
use language SO plain as this, bat in substance
it was equivalent to it,


What then is our condition. Have we gov
ernment of value to the people? 1t is of some
value, as the organization still remains, and it
is still more important when we reflect that we
may yet have officers appointed among us or
sent to us-a Judge, in short that will stay
among us and do his duty. But we have no
control over these officers, for if we had in the
language of leading man among US, awe would
damn them first last and all the time


The Wala Walla Valley ought not to be cut
into two governments as it now is. The Oregon
State line runs through the center of this val
ley, thus leaving part in Oregon and part in
w. 7. In Oregon, not a stones throw from us,
the people elect Congressman, who have vote
and voice in the national legislatures here we
elect Delegate, who is a beggar, not having
the privilege to speak in Congress without con-
sent; there the Legislature elects Senators; here
as before said, we can only send beggar to the
lower house; there they have in each County
two terms of the Circuit Court per year, also,
each month term of the County Court with ju-
risdictOn of $500 in civil cases, and Justices
Courts, always in session, having jurisdiction of
$3.50 in civil cases; while here, when we can
get Judge we have two terms of the District
Court, and a Justice Court with jurisdiction of
but $lOO. 1t will be remembered that when
Oregon adopted her Constitution, the boundary
therein included the whole of the Wala Walla
Valley making Snake river the line. But Con-
gress changed the line to its present place In
Oregon, they have Specific Contract Law, and
not higher taxes than we have here. The people
in Oregon participate in making all the laws
that govern them, and elect all the officers to
execute and administer those laws; we have not
these privileges, which are the only things that
distinguish freemen. We have been cut up in
such manner that the power is on the Sound,
and in the few things we have the power Of leg
islating upon we are governed entirely by them.
1t was thus that the specific contract law was
defeated last winter Our franchises for roads,
ferries, &C., are not at our own disposal, but the
people in the Clam country give them to whom
they wish. If we were in Oregon, licenses and
corporations would be obtained by law, and not
from YenaI legislators of the Sound. Walla
Walla would be the county seat of large, pop
ulous and prosperous county of the State. All
the counties on the eastern side Of the Cascades
would be homogeneous with us in interest and
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