Year: 1867

TO TRE LEGISLATURES.


The present Montana Legislature is
unanimously Democratic. The PusT is
unanimously Republican. Those OF one
political faith are predisposed to look
upon withsuspicion, and accept as some
thing to be combatted,. any proposition
emanating from the opposite party. In
consideration of this fact, powerless as
we conceive ourselves to be to influence
Legislation, and not desiring to waste
words in futile effort, we have had but
that body, and what we have said we
trust has been in spirit that entities to
respectful consideration, the following :
1t is probably an admitted fact that the
to the Congress of the United States,
and that acts passed by the former in
contravention of the laws of the United
States are null and void The recent
return of a franchise bill from the
House to the Council, with a copy of the
Organic Act, forbidding the passage of
such bills, is an admission that such fact
is accepted by the House, while the
Council has tacitly conceded the point
in memorializiBg Congress to grant the
authority under which the Territory
may become State. We make no apol-
ogy tor r ferring 10 These instances.
They are one side of the case. 1t will
also be conceded that the passage OF
acts containing provisions important TO
the welfare and prosperity of the people
of this Territory, and embodying in them
other provisions that must inevitably
destroy the whole, is, if an inadvertan-
cy. one that should be at once remedied,
and if intentional, an act of folly that
no partisan predictions or individual
inclinations would justify or atone for.
Montana has had her laws annulled
once. Do you desire to invoke a COM
plete or partial ennulment of the laws
of this session? Ithas been charged that
the Republican party, because Congress
sustained the decision of the Supreme





Courts of fMontana, is responsible for the
annulment act That issue is not a
part of the present question, but we give
the Fourth Session of the Montana Leg
islature fair warning, that failure to
amend certain acts that have passed and
been approved at this session. will as
surely as fate result in declaration
of nullity that will be sustained by the
highest authority in the land, and the
Democratic party will be held RESPONSE
bic. Council bill No. 20 being an act
to amend "an act regulating the hold
ing OF elections in Montana Territory"
approved Jan. 18th, 1865, reads as fol-
lows:


Be it enacted by the legislature of Montana
Territory:


SEc. l, That section L of said act, be so
amended as to read as follows that all
white male citizens of the United States,
and those who have declared their intention
to become citizens, above the age of twenty
one years shall he entitled to vote at any
election for delegate to Congress and for Ter
ritorial, county and precinct officers, provided
thew sha IL have resided in the Territory twen-
ty days and in the county ten days where
they offer to vote, next proceeding the day
Of election.


This act was approved by the Gov
ernor Nov. 22d 1867. Now read this:


Be it enacted by the Senate and House of
REPRESENTATIVES of the UnitedStates of Amer
lea in Congress assembled, that from and after
the passage of this act, 4" there shall be no
denial of the elective franchise in any of the
Territories of the United States, now or here
after to be organized, TO any citizen thereof
on account of race, color, or previous
condition of seryitude; and all acts or part
of acts, either of Congress or the Legislative
assemblies of said Territories, Inconsistent
with the provisions OF this act are hereby de-
clared null and void.


The above became a law Jan. Gath
1867 1t will be observed that laws or
parts of laws, preCiOtusIy made conflicting
with the provisions of that act are de-
clared null and void, and that the bill