Year: 1865

/


Statesman of May 18th and 18th, that the


editor of said sheet is greatly exercised over
ian article that appeared in the World of May


9th, written by myself in relation to the


forcible removal of the Capital or Archives
lby Secretary Smith.


was very much pleased to know that my


production should be considered worthy to
have emanalted from the editor of the World.


Dreams of literary fame haunt me in my


dreams ever since but am sorry he has


visited his ire your head, as / wish to be


responsible for ny own productions.
1 He devotes no less than four editorials to


the article referred to iu which he endeavors


to distort from it the idea that the World and
| all Democ rats are opposed to sustaining


Federal officers in the discharge of their
legitimate duties. / think it requires a
great stretch OF imagination to arrive at any
such conclusion ard no one but an interested
old prejudiced abolition-negro- worshiping
editor could do it. On the contrary the
Democracy are in favor of sustaining all Off
GERS in the discharge of their proper duties !;
bat they have always contended thar there
are three distinct branches of our govern
ment--the Legislative, Judicial and Execu-
tiye-each is charged with its peculiar duties.
Judge Smith is as much Federal officer as
Secretary Smith.


The writer, and believe most of men,
have always thought that it was for the
Legislature to make laws, the judicial to de-
eide whether they were constitutional or not,
and then the Executive officers to see that
they are carried INFO effect. Many laws. passed


by Territorial and State Legislatures, and
even by Congress. have been declared uncon
stitutional and Of no effect, and will be
again.


BY the by, the Statesman editor houts the


idea that We have a constitution Now we
don't make any pretensions to law lore, but
we think it is giving the Organic Act very
limited and flliberal construction for man
who not many weeks ago pretended to have
enough Of common sense aud ordinary know
ledge to aspire to the Probate Judges Office.
He and his party finds it very convenient to
discard all constitutional and legal obliga-
tions whenever they apparently conflict with
their interests Tie Organic Act is the su
preme law Of this Territory adopted by Con-
gress in accordance with the Constitution and
laws eff the United States. Upon that Or
anic Act all laws must be based. AS far
as it goes, it is to the Territory all that the
instruments technically known as State Con-
slitutions are to the States, and any law of
the Territorial Legislative controvening its
provisions, not only violates the Territorial
organization or Constitution of government
ordained by Congress, but also the Federal
Constitution. Thus much for the States
mans quibling on words.


In regard to Secretary Smith, had he
waited until the case was finally and legally
decided in favor Of Boise city, as I doubt not
it would ultimately have been, and yet will
be, then believe the whole Democratic par
ty would have been in favor of calling out
the entire force of the Territory, if necessary.
to carry the law into effect. Who made the
Secretary, the judge Of the acts of the last
Legislature / think to use the mildest
terms, it was misconception of his duty.
| have not the least doubt but that the acts
of the last Legislature will stand the test be-
fore any unprejudiced court. Every one that
knows anything about the matter, knows that
outside pressure was very great in that par
ticular locality. The same could be said of


the Boise City meeting, and therein lies the
danger of men and Democrats committing
themselves to measures that to their partial
eyes seemed right, that would be wrong in
theory and dangerous in practice.


have not heard any lawyer of any stand |
ing or party sustain Judge Smiths decision.
it is about equal to the calibre of the Fede
raj officers that have been sent to this Terri
tory, and Judge Smith is an exception only in |
this: He has remained in his district and
attended to his duties, | believe to the best
of his ability, which is more than can be
said of auy other of the many that have been
sent here.


have already made this article longer
than intended; yet there is one other mat
ter | wish to call the Statesman's attention
to, involving lis consistency. In the same
paper that he gives US what he 'supposes a
hauling over the Goals for not sup t
porting Federal officers, or speaking well of
them, he used harder words, ard more of
them, against District Judge than any cop
perhead ever heard apply to any Federal
officer in this Territory: using language in
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