UasWttgton Wm VOL. 11. TIE USIIHTH MHIIII JMI lILLEt lIRPHV. Editor and Pn>pi*w*t«»i*. labMrlptlM Bale*: Prr Annum - •• >ll ImiIII /jrr.i */«#/.»' rx .im j.vc/ • •• MirrtUlM Bain: «»mf Sqnare. ah iufriiM. - i;>c V additional i»»rtmii - I I; .1 prr qnanrr "" yrgT A liberal deduction will be nn !«• in !.>*• r nHbo«e who advertise four r<juai«- or u|)*..r>l-. l.y I ho star. Njlircj of birth«. tnam.ije- and death? iti j.ert-4 free. fry HUukv Bill Head*. Cards. Bill* of F.irr. I'iri-uUr*. I'tUlofnrt, Pamphlets, Ac.. exei utc.l ul reasonable rale*. All communication*. whether on business or for publication should be addrc-.-cd to tin* edi iiorot the Wuiiisotos Htaxiiarh. OFFICE—In Karnes's building, corner of Main and First streets, near the steamboat htmling. For Sale ! HOMESTEADS AXD f ALI'ABLD REAL ESTATE. Building Lots from $lO to £2OO Each! Alio , 50 Vtirti Lulu and I'.ntirc ISlockt of litanliiul G unitll Land ! IX the City and county of San Franc isco, on the line of the San Jose Railroad, at the WEST IS.s'D DEPOT. The title is absolutely PERFECT, being a Spanish Grunt, finally confirmed and pat ented by the United States. The Shatter Hill respects this Title, The City Authorities respect it, The District Courts and Supreme Court of the I'ui ted States respect it. Besides the Title hat been forever quieted by a Final Decree, and Judgment against, the City ! So that there is not even a cloud or shadow upon it. Whoever purchases one of these lots v. ill buy a lot and not 11 lawsuit. Office Xo. 19 Naglcc'* Building., corner of Montgomery and Merchant's streets. San Francisco. JIAUVEY S. MiOWX. April 12, IHG2. 22:1113 Hf'Oi'll, niLLEKA€(». r (SUCCCMOFM to I'rire, Miller 'V Co.) DALLES AND COLVILLIS, WHOLESALE AXi» RETAIL HEAI.ERB IN 111 41 DIESTiC mm, CLOTHIXO, BOOTS, SHOES, HATS, ic. ALSO Staple and Fancy Groceries, Provisions, Wines, Piqnors, Etc. A full assortment of MIXEII3' GOODS con stantly on hand. tor Mr. BLOCII being a resident of San Francisco, where all our purchases are made, we shall he able to offer better inducements than any other House. October 19th, 1801. 47: mC CLCTmiNC EMPORIUM, 178 Clay St., and 107 Montgomery St., San Francisco, And ITS Broadway, New l'orfc. CONSTANTLY on hand the beat selected nnd most extensive aftsortnient of <>entx' mid Hoys' I'lothiag OB the Pacific const, which we cau nnd will sell lower thai any other llonse. ■•jr'iaid Grill*' Clothing made to Order* LOCK WOOD, RWELL A. CO. January, 19 18G1, IO:ly JAMES COMHERS SONS l'. & TYPE rot* DRV. WI. FAI'LKIKR, A HOM. %Real«, ,V«. Sttmtvmt Strfr!. San franr**?". f'*t. Every articlr aereaaary fur a roim lets Nrm s •r Jok Hriatiaf llCrr. furni-hrd at ths lnar»l price*. Also. A|NU fur Taylor s. liordon «. lifjurr ». Xewhurr ». Putin » an J ilaakes fmtrt April Ittk. IMS. 11ml cto. i. anrr _j ■>. iiiiitbii (Late of H. 11. Baa- roft 4 t'« ) MOKN l\i NT.4TIMF.BI. Yot> LAW KIMIKS f)' *' * la.aaa Y«!- Hi.rrllnvr.nit Rool<. J (MI.AMI V«l» .«rh..it 11... k- J iW) ** Mr-lii-al K«4.1,i. J «*0 Ream- ."••XI Itrim- < »|> I'apc r lira in' L<fal t'ip. >u| Rr<ia< 5"«» Pajw-r W.'i.»w Katrlopes. a*»..rtrJ Par tale at the l«*r«t wt« lir KF.NVV A ALEXANDER tfW aad fi*ii Slri-rt. ,«aa Fritrivo Juar 3, I si. I j; ~ CM ABACK r. MBBHII, laportrr and tfc-alrr in TTPB. PUSSES PlirrilO MATERIAL ISEIJ, CARD STUCK, tc. IM. 11l aa* IIS Clay MrrH. £aa t'rtMiwa. Jaaaary jib. ItMl.lA Ir J. W. JOHftftOV ATTORNEY AT LAW. Solirtlor ia <"Uaa«ery, ant ii A'lannJtr V|i!> h !*<;!. ji- tf OLYMPIA, WASHINGTON TERRITORY, APRIL 19, 1862. Def.uoa of the Supreme Court oa th- Cap- Hal BUI J;..i Jf. , la »t* r rt WaskiLgtm Ti-ni!«*T. AM n !,. <« rt a! S Ui I <tuj. I*~ 1. Kn< ri" tlw 2«l ■lku>"i>l htfirirt. I'l-a t" tin- juri«lwti.>ti "I tli. • "Ur. t<> t k- < gni- XUirr «i f this f-W ai Mj\i.ipi i. U. I - thi |4.w. ihil bring tlw "Srtl <»» <invent!!*. ut" wl Wwhiuflra Trttiti*}'. bnt th.- sain. is at \ an ci-ut.T. in ('l.iikr r.>(1111%. in Ki.i<i I ,-nit..r_*. Atvik-J by liaiii.-kle. Ijil.ncr. « !.. n • rt!i .iii.l lliil.l* tu >u»iaiii the pl'i; l.vaiiA at-*! I_iin!. r. contra. lift IM">\ OF TIIK i Ol KT t\ Jl I i.K I 1.1 rII \ NT. 'l'll',, is a grave and imiiortmt qu.-.-ti..11. It comes before us laden and freighted with high Xa'ional. T. rritori.il. and iiuli* iiiual inter. sts. ami it has been argui*d on Iwitli sides with inarkeil nihility. Tin- issue arises by virtue ol" certain acts of tin* Territoii '.l legislative Assemlih. |iass.'il at tin* session of I*tio anil 1 Ki;]. ami contained in tin- juintetl laws of j those vears. There is no dispute as to any I discrepancy lirtwirii tin* |»rint«*cl, mnl the en-1 rolled laws remaining in the oflice of the Sec- j retary of the Territory. These laws are as • follows, viz: " An act to permanently locate the Sent ol Government for the Territory of Washington. "Sec. 1. From and after the passage of this act, the Seat of Government for the Territory of Washington shall be and remain at the city of Vancouver, in Clarke county. " Sec. 2. The Capitol Commissioners are hereby empowered and directed to locate the grounds anil erect the Capitol buildings there on at the city of Vancouver, according to the instructions from the Government of the 1 ui ted States and the laws of this Territory in re lation thereto. •' See. 3. The present session of the Legis lative Assembly shall remain at Olympia un til the close thereof. " LYMAN SIIAITKK. " Speaker of the House of Itepresentatives. "PAIL lv. limns, " President of the Council." " The Leifislatire Axxembly of the Territo ry of Washington do enact asj'o/loics : " See. I. The qualifier) voters of the Terri tory of Washington, at the next annual elec tion, are hereby requested to vote in their re spective pJecincts, naming their choice of the place of location of the Seat of Government for said Territory. " Sec. 'J. In voting it slmll be sufficient to print or write the name of tin- pliu-c no designa t«'«l .ns tliu choice of the person voting, us " < Hyinpia," " Vancouver," or any otlicr place, in acconlance with the preference of the voter. "Sec. The judges of election shall cause to he counted the Haiti votes, and due return made thereof, in the same manner as returns are made for Delegate to Congress, and the Governorshall publish hv proclamation imme diately after the returns are made, the number of votes given for each place voted for. "LYMAN SIIAFFBK, " Speaker of the House of Representatives. "PAIX K. LLI'BBS, " President of the Council." The first of these acts comes to us " in such a questionable shape" that we " must speak," at least, of it. It is horn into the world with out date, without an enacting clause, and without paternity. Owing to this anomalous legislation, this Court is placed in the posi tion of linding out and determining as best it can where is the seat of government of Wash ington Territory, thus changing the phate of its ambulatory character and giving to it •' a local habitation and a name." This Territory owes its existence to what is called the " t >rganic Act," passed by Con gress the of March, 18.>3. © The portions of that act bearing on this case, are contained in sections four, nine and thir teen. 1»V section four the legislative power is "vested in * legislative Assembly, to con sist of n Council and House of Iteprcseuta tives." The same section fixes the number of each, and the manner of their < lection. liy section nine the Judicial power is vested i:i a Supreme Court. District Courts. I'ml cite Courts, nnd Justices of the Peace. Tin- Su preme Court, as the act in this section fur th<T declares, is to cousist of a Chief J u-tire and two Associate Justices, and Khali hold a term annually, at the "Srat of < »ov ermiinit Section thirt«*ii • iiact*. "That the l<egi»l.i tive Asrs-mMv of Washington Territory sin!! hold it« t":r»: Mnwm at tlx- linn and |J.Jce in said Territory as the Gwenor shall apf» >iut ami dmi-t : and at tlw said lirsl sa-srion. • # «•«:) tlii-n nftif as they *hall tbi-in etpnli ••lit. tie- I*-gii4ative Armliiiih -hall [irioul tn I*irate and • stablish tin- M-at of prti ra.ueiit at such place a* they n.ay ilm« • ligible. w l.i. h pia< < . Itnwevt r. shall thi-reafter to IM* by said L 'iJativi- A»--niMv." I"lM same act A|i|im|irntn IIM- MINI »T -five thou sand dollar* f«r the erection of |«biir build in;r- at tin- of government. ' 'IV first L-jrisiativr Aseenil.lv did not. as it im ww. avail tlieim»'lvi*<if the p»'it«l to th<-iu bv ('.nign-se to " (orate anil i*tablUh" tin- seat of gov •-rnineot for tlw Territory. It was. however, snbs*i|®e*tlv. in the v« ar h rated a'xl i't the i* irislati*. e ASM IIIIJV at I Hvmpta. After this location. Coii"T»* at if* sessi moi h si ami made an appropriation of thirty thousand dollars for the ifirfinn ««f a Capitol. Arc. CiHiiiniiasioiM-rs »ere ap|»'int»-«l by tlw 1 er ritorial Ijepislafum, and a |*<rti.m of the nioiv r has am ejjiendedin pursuance of ih provision# of this act of Con^res*. 'II i> i» a brief oolite of tin* branch of !It*- liiftorv <■! » ll.it »• It-mml ihr •• ( ijjr i \ tli« «ltl£.'li- • I ill - l«-ir<>**TV. At ||M K>ll< » -l"ll of til* LprUlilr A> MUlllll, till aft. t'.l!.' «1 ill I!»:(!:. »<il |tdl lullf. •|b«- »abmi--: 'U !•> llh' *"li "( tb* |»- |alr iirt »a» •Hi our afrit al iu th' Tm i>»rv. • ith (bow-two art# > u tkr utilatr-l'niL. «iili tli ir app ir, ill imj». rfi<-tioo*. iiwouM.»:ttiry and r« •juignanrt'. it *.»» iii!|»«--iI.J«- (•• «'«• our I \IT IN tlw- U t LB..T it UNTIL IF r,?U..:11..l a* Irn iu stated. »iib"Ut t.inb.r byi-lati »n. IIK' >J — T ion nt th removal I 'l tin- •• X'.-U of p>Ti niiii< lit" f« r W.\ r<ra»- In-fore. and bsve to 1..- |um<il ui>.>ti. l>v tin- Su irenie Court. in soim- WJV,AU<L at «»•««• lilacr. It ha- IHI II fiirctii upiti us ami ««• have not -hruiik tr-cn 'ln- t• -j-n-il:i:\ of it* derision. In miriijiiiu-Hi, t uii'ia »/uma t'urir the scat nf go\, nilili'tlt. Here Were the < 'apitol building*. the archives of tin- vern un lit, tin- library, ninl here a! i. In tun 1 tli<- close ol tin- first viwli in December, l'- 'l, witi" assembled nil i inorpiiiuznl quo, urn, waiting tin- action of tin- Supreme < >nrt. < I tin- Council niul Hou.-e of Representatives.; At Olynipia the Court was fijn-nf«l in due form, all tin* Judges being present. Upon calling tlir case above t~t.iti'«i, tlir Jilfl to tlk jurisdiction is interposed. To dispose of that 1 jilra, ill which were embarked tin- interests of. tlir parties on tin- (locket, tin* cut in- merits ol ; tlic jmlilit* inaction involved in the controver- j sv have heeti passed ill review before the ('ourt, ntnl occupied more than three entire ! days in the discussion. This is the second , branch of the l.istory of this case. A conflict of opinion between the Legisla- 1 five and Judicial branches of the government is always to be regretted. Huth have separ-: ate and distinct duties to perforin. The one , makes, the other expounds the law when, made. An act may be passed and published by Legislatures, National, State and Territo rial, with all the usual formalities and append-t ages, and yet pronounced no law when put to 1 the judicial test. Such is the fate of all laws considered by courts unconstitutional, on ac count of their being e.r post Jhrfo impairing the obligation <>! contracts, or otherwise. If, therefore, ennetwentx, upon a full examina- | tion by the Court, aided hv the research and argument nf learned counsel, be found in the opinion of the Court competent to try the <|iiestion to be either unconstitutiou'd or w ant ing in the requisite elements to give it vitali ty, force and power, that Court (humble as may lie its pretentious) is bound to declare it void, and of no binding effect as a "rub.-of actii.n" or i f "civil conduct." It is urged by thi» counsel sustaining the plea to the jurisdiction, that tliis net is one of construction, and if from its provisions, nnil other outward attract ions and sanctities, tlic intention of the Legislative Asscmblv of the Territory bo palpably manifest, tlien it must lie enforced, and the seat of power of this Court is at Vancouver, and not at Olvmpia. The counsel in opposition to the plea en tered. contended that it is not a law, or in other words that it is void per xe, wanting all the requisites to give it vitality as a law. While the title or preamble to an act lire tio part of the act itself, it is a well settled rule of law that resort may he had to hotli by Courts in determining what was the intention »f the Legislature as attempted to he conveyed through thehody'of the act. Here there is no preamble. The purview and title of this act substantially agree. What aid then do we derive from the title ? Like "vaulting ambi tion it has o'erleaped itself," and passed be yond the barriers erected hy the Organic Act to restrain within proper limits Legislative action. The Organic Act. called with em phasis the Constitution of the Territory, con fers only on the Legislative Assembly the power to "change" the seat of government, not to "permanently locate,"as is declared in both tin' title and body of the act. In the latter the words are, "that from ami after the passage of this act the seat of (iovernmeut for the Territory of Washington x/mll be «/«./ re main at the city of Vancouver, in fluke conntv." Tin •time of the passage of the net is not disputed. The date is admitted i'l the argu ment to lie the I Ith cf lUivtuher, IMM. When - , then. after this date mis the s- it of government for Washington Territory. it'thii act has the fiirre and validity of law ' Man ifi-stlv at the citv of Vancouver. It i< at the seat of government that the Sujir. i- four: is n-«|Uired bv the I •iTrmic Act to hdd i"> r- s siolis. It ttut s.i done. I il** I'M i>i tie- Supreme t '•■nrt fnr NiO. astb.-irrec.nl dm**, mas h J,bn at t Hvmpia. tmsine*- triu»- acted. aud d. rrves inaile. fnim th- 11: It <.f iK-r. iilU r to the "Jd of |tereiuK.-rt»f the Mine year. Tlii* lart in not iiitroiltiri*] toi '!••• ii( i-vlinjr anv n4rrtinn« ipoa tint 1.-irtx-.l anil b-KxißiMi 1 court. Int tor t li-• j -rt nt »Iio« iajr thai tbi* art *»< |»r»rlir nllv. at li'-wl. hv tint trilniu.l •>! tn l«in«iiitc •♦•rt At tbr rami' »"»fii*l itlr art " rrqfttraz" tin' viite iif tlx- proplr a» la tlh-ir rl>.»i< n» in (••ratine tin* "wat of jih i rnim-ti'" w.i» j»•—.••I liv tk* 1/finlltiTr An iMv. 'IV I voter* did hv vntr d|inf> thrir rhoira-. i:t I!• *»v and maiwrr |»»iul«l <mt In ihrart. "|'l» • llwjoritT of tbr vi»t««* runt, inliritxl and ri hli kiKivii a» dirertcd in urii in thr.- \ *.■> in fi vi>r <4° I Hyu)|iii. X»w tbi* pi t rvrtainK liu'.int h«ii'lliiii;. It i« liirdlv In U >UIIH-»1 that gravr ami mi-.- wo«tl<l. under tin- f.»nn» ni l a|t|nrrlil ra.irtioii nf law, rail Njnn tlirir C"iii>titui'nt» to do an art th" n*«ah « ( vbirlt » « to he an idle and ttn titrMiinp cerem - >iiv. thiu> ** fit »ir to r»r and l>n*akin? it to th- hope." Though thift act be f<«( lt"«l iti Mt ii ti nil - a* tn r»rrr with it n« bindin? f>rr», a profit ( ••ur■ «<C «fc»irr of tit.- pnopk- a» to tlw loratkoo j .Mlw "»«! 1/ y iv. nimmt" i> invited, and »h. 11 that |»r. l. r.. i« . under tbe n» be, it |i r&iitlrd t.> rr-j-f—«-| fr-jUi r u. - M «rll a> 1 Tin* arts arc
/ •'• Th«- v p., haud in Land. TW«-y n.i: «4a»d «»r f.-H t. j»,:h.r. lb.tk rauiKH j -on ivc. OU-rtbr oor and linliiin- in *>i tfe.' »ill m tbe |»<<p'«-; J«v :b< olb • r and vint, •no* i> linn l iii«. will. In a iliNlLtlul L-.-tt**, then-lore. <4 tlir kind wliirb tbi» IfgisL.tinn jm-wnln, a majority of thi- C«nrt is in favor of giving the U-i., lit «f M.'it tltfulit, itmUdil of giving it to their i'--»'iit> .md s'-ivantK To act otherwif** would I. 'to render ibis and .-ill other court* vi!i«b r\ it-'T'-l the eloquent eulogy pronounced upon tii i by the learned counsellor from \ :!tiriinirr. a> being the shield and ark of sifei\ in the last ii sort, of those fnuu whom r.tl p \\i i emiirites. We :n • told in the argument of the advo cate* of this lit ft or "reinovil act" that we must tin: liy profane ham's on this Legisla tive idol, and ilieii, almost in the Maine breath, we are solemnly called upon not only to di*- rexarj tl.is second net, known as the "vote of the people act," but to blot it from the statute-book, and treat it as a species of leg islative stultification. The only way these acts can lie reconciled, is to give to the "leg islative Assembly" in the piissage of them an honest intent, lsy the first act, the seat of government was to be removed, unless res trained by the popular will. This will, as ex pressed in the manner directed, was adverse to removal. Hence we derive from this sec ond act, and the result flowing from it, the fair, strong, an I legitimate inference, that the seat of government was to remain at Olyinpia, and that such was the force and effect intend ed should be given to it by the Legislature, at the time of its passage. Any other hy pothesis would involve us in an intricacy and inconsistency from which there is no escape.* Mr. Justice Hlackstone defines municipal law to be, " a rule of civil conduct prescribed by the supreme power in a State, command ing what is right, and prohibiting what is wrong." Chancellor Kent, eminent as a jur ist, one of the highest legal luminaries of the ll. at bin, or the world, on page 4!Kt of his com mentaries, defines a statute to be, " the ex press will of the Legislature rendered authen tic by certain prescribed forms." L. X. Cashing, Esq., in his treatise on the Law mid Practice of legislative Assemblies, expressly slates, that the constitutions of nil the States in the Union, with the exception of IV'.insylvAnia, Delaware, Maryland, Vir ginia. North Carolina, South Carolina, Geor gia, Louisiana, Kentucky and Arkansas, con tain a statenien*, under the name of the enact ing stvle, of the words with which every act of legislation in those States, respectively, must be introduced, sometimes with nnd sometimes without, the use of negative words or equivalent language. The constitutions of the States above named, and nf the United States, contain no statement of an enacting clause, t'.omfh equally requisite to the valid//1/ o/'n fair, must depend mainly on custom. The foregoing considerations, says this au thor, seem to call for three remarks: I. Where enacting words are prescribed nothing can hi' law which is not introduced hy these verv words, even though others which are equivalent are at the same timo used. 11. Where the enacting words nre not prescribed bv a constitutional provision, the enacting au thority must notwithstanding bo stated ; and any words which do this to a common under sta'ndin" are doubtless sufficient, or the words may be"prescribed by rule. Cushing's Law l'rac. of Leg. Ass. Sl9 820. Strip this net of its outside appendages, leave it "solitary ami alone," is it possible f.ir any human being to tell bv what authority the seat of govern ment of Washington Territory was to be re moved from < Mympi.t to Vancouver ? The staring fact, that the constitutions of so nnnv of the States, made and perfected by tli.' wisdoM "f their greatest legal lights con tain a s!:i!eni'!itof an enacting clause i.i which the power <>f the enacting authority is incor ivir.iti'd. is to niv mind, a strong and power ful argument of its necessity. It is fortified nil s!r -nctbeni-d by tin- further fact thr.t and the other States, to say nosh iiig »f the KngSixh Parliament, have liv al i.. -t unl*p>ken custom and n~*g.- prefaced all their laws wiih s-nne set form »f words, in «liii-h i« cnntai.n-d the etmrft.it ac'/iority. fSnided bv the au'b >ritv of such ciiiiueat jur ists as Hln -k-t.uie, Kent and fuelling. and the pnrt'd. if* <>t \ati<m*l and Stair t i "ii.i the jimet ice and raiea iu making laws t«eing i .»! (I pti iiai itaiv t t this day.) this <*o«rt nriv«- with Kitidarti'H MJ O>-JS« i->u«ies>» «»t right i;i declaring. tli it where an act like tlx* «»:•«• ti--w under •" leratio.i i« wanting in tin- :i'i il tTiivtir* a:nl mli—itirt wbirh In* b .11..i..»1. 11l iwy IftHrfJ void. lofit i I.:u !ii'»f":vi'iirrli*t. nnlrs* il ha<l 1H»-ii ar •.,rs a.i.l |Mi>ph*. and v. -'itl and ac iiuir.sl irMtiT it t>* snrh an extent, that it v i t!d In- winilV-t injustie,- to ili>t«ib it. To ilifiil-' .••h-fw .»e * mWI lie to inar the syumie trv i>t tin trame «ork of I -gislative enact ns-n's »- •• a rtil" «>t ar:i«>a and to i'iiin«ni*|i the ** gladsome lights of jur *jin»l no. Siv in>t that in tl«i-> arli'«n of tin- t "ottrt it Sa." r»vrmwl liv a l>li*il adtnT>nr* to " inttxt v I leer, dent." oC plu**d ailli too murli tetviritv to tlk>~ • tiling* wli.rli ha* • >!a!»|i' 1 upon thrill tlir ni*l 'it I bow uiattrr* ♦ Tlir t.i:. i>uMi<Ur<l «! »n l» W »<«! i nnniWr i.fin'f. «ll»i.i|ii« 12 • • Vi» m\rr m . |*M«t »w ma 4 • ti iliii Waiii - -i i"'r |» ,r- M. !» ' • ■ r" ». f.«l N ' I 'HI I!IN I I. J. '■ R •' » I. T. i: «!.)• ; i ck i | which an* imential to the riplits and intrrcat* <4 iiMiividoaUand comtnauiiietMinil « klrli have rt<r»-ivr<! the imprraaand aanetion of aati<|ui ty, are in-itLt-r to br coateniDed nor riigk'ly n pirdwl. liOMrd frota rack anehorage and nxxiiiigs, when- aoukl br oar hahrtu cor/ni writ. <>tir tii.nl hy jury, arhii h have come to its throu-h ik>< lapse of ccntariea. As to tk«* pottit of a Tmi'orial I.ep-laturv to " ckaugv" the -at of g-.« eniuwnt after it kax liren loca ted ami «-s?atilishe«l as din-cted in the " Urgan ic Act" and an appropriation made hy Con gress for the eret iioo of the •• L'apiioi Imild iugs," and tkat appn>priaii«Mi exju-tiiU-d in whole or in part, to the pnrjiose deMgnrd, w ithont the consent of Congress, this Court expresses no opinion. The point id Merely I raised. Wt* have dei';ned it ncctssary to notice all the |Kiints raised ia this issue, and at the same time vindicate the opiuion giien in a matter tli.it has eugnissed nnd agitated the public mind of tin* Territory to no small ex tent for the last year. In doing this no mo tives have been impugned, nnd we have been actuated hy 110 selfish considerations either as it regards persons or place. As a Court we have n high, sacred and sworn duty to per form. As individuals it is a matter of indif ference to us whether the "seat of govern ment" of Washington Territory be located on the hanks of theColuinbia River, of" fame historic," the Cowlitz, or Chehalis, in the golden regions beyond the Cascade mount ains or 011 the shores washed by the waves of ocean. If we have erred in refusing to give binding force and effect to this act, the consolation remains, that it is in the power of Congress, the Territorial legislature, or tho Supreme Court of the United States to correct the error, nnd the disappointed nre not with out remedy, l'lea to the jurisdisliou over ruled. Speech of Hon. A. A. Sargent on the Pacific Railroad Bill. We IV grot that our limited space will not permit us to publish the speech of Hon. A. A. Sargent, delivered in the U.S. House of Rep resentatives, Jan. 31st, on the military neces sity of the l'ncilic ltailroad. The hearing of his argument is shown in the following state ment of the position of the l'acilie coast in the event of a war with any foreign power: Now, what would bo the position of Cali fornia iu the event of n war with a foreign maritime Power 1 The first stroke would be a blockade of the harbor of .San Francisco, the result of which would be the entire des truction of our commence, and consequently a complete paralyzation of business. Our commercial intercourse? with the outward world would be completely annihilated.— What follows J The prices of every article of food, clothing, usefulness, or luxury would leap suddenly up to starvation rates. Sir, the people of the Atlantic States do not un derstand what high priees mean with us.— Prices with us depend upon the foreign sup ply ; and many a needy man, in the early days of California, when the ocean was free, anil ships were arriving day by day with full cargoes of provisions, has had to pay his S2OO per bbl. tor Hour, and a dollar a pound for ba con. How will it be when a blockade of San Francisco shuts the door to all future supplies —when every holder knows that his stock on hand can never be replenished 1 God forbid that I shall ever live to see that day! You of the Atlantic States will never be compelled by the exigencies of war, to cry out for bread. Von will never realize the miseries of Ant werp, for jour granary is at lmud, and will always lie full and inaccessible to your ene mies. lint w here are the half-million of Cali fornia to procure their bread ! We have sent relief to the suffering, starving pour of Ireland. Who will send relief to the starving men, wo men and children of California 1 lie your in tention ever so food, be your sytnjiathics ever so great, lie your supplies ever »» adequate, you will undertake to convey those supplies to them, and how will they roach them f It mav lie said that a blockade of the har bor ~f San Francisco will not prevent the ag riculturist from pursuing his labors in the field and vallevs. and thai there we must look for supplies. I yet no one deceive himself with that idea. I have spoken of tin- block ade of the tirsi blow v.hit h will probably bo Hiruek. The next w ill be a forced entrance into San Frtuciwo hay. It U not to lie con reived tint a powerful enemy will IN* content with simply blockading the port of San Fran ciot'o. < alifornia i» too rich a prize to Itw bv itiactioa. and history teat-lie*, that the lit>t rltM of F.nrojie d» Hot despiao the aromMti'rti of valuable territory. They arc not nrglectful of auy favorab'e opportunity to add to those wide doutiuious ou winch tLe sua no* er sets. Let it* see what art* the iudarotuents to a camjmijrti for rontjuesf. We hnv there iu the renter of the I'acitic roast a port taid har bor hardly etj nailed by that <4 any other eountrv ou the git the—a nokle lw»y, at retching awav us I have »»«1. fort v Utile* to the sou:h ward and tweutv to the n<irthwanl, ruu ple'elv 1 uttll'H'kiti. in which the uaiit* of the world might ride iu nafrtT. This harbor, ac retwibl.- only by a narrow eutrance, and firm ing th - hoy « birh unlocks or lacks the inland navigation to a rirh \alley liwr hundred mile* iu length and titty iu width—the key which hokfc pnasraaion of the richest milling ten iiorv of g>ild aud silver in the known worid. wlitM' annual yield of the pitriqß no ta's i* u it fir choitof s|(Hloott,oo(l—ilrr ritorv which employs a half million of people in its development; a magnificent city of tiearlv one hundred thousand inhabitants ly ing ai it* entrance, with it* wharves nud do k*. its C»!oia Huiw usl -Mint, its costly i public buildingsand piii«l» Mfap; earn niwlin; i Li* entrance are a iy»lw of (Mi cations <lO which Billion* of deflate lari i«-en expended, and which, *kv fully tnm pleted under IIK supervision of a great few er which wee determined to atkr ihn lack, could bp made aa impregnable aa the Bock of Gibraltar. j At the Itiad of tbia uoUe bay oar tommy | would AIM] to tempt biin a capstiwua nary yard, replete with errry mod mi fTafnninara and alliance iwcimnry fur his panoac; | a dry dock witbiu which to repair hia aliipa; | an am*iul; barrack* fur lib aildiiii, ia abort, ' ererytbinjr itwwaiy to enable him to'mafa*- tain hi* position, all built and ready fitted to his bind. Holding them* lie bold* California; be bold* Ibe I'ncilic coast; he hold* the gold and silver of the mountain*; he hold* the commercial centre of the Pacific—the great mart of trade, the growing, gloiious empire of the West, the pridu of the Union and ita earnest, faithful adherent. Are theae advan tages which a grasping, powerful or.omy would scorn to possess himself of? Is not this a prize worthy ambition ? Will you ex pose your jewels to every thief, and then stupidly wonder that they are stolen I lint I hear it said that our fortification will protect this entrance. They wiD protect it against any ordinary assailant; bat let mo warn the gentlemen who lay that flattering unction to their souls that it was also said that -Sebastopol could not be taken, and yet it fell. A mistaken economy in refusing to purchase a strip of ground has prevented the completion of the full system of fortificationo designed to protect the entrance, and they are yet incomplete. Alcatrnz and Fort Point cannot protect that harbor. You may pile Ossa on Pelion at those points; as long as a fort of commensurate is wanting on lame Point, tiio lmrbor is indefensible. But the best fortifications would avail nothing if the garrisons were cut off from supplies of ammu nition or food. Our enemy in possession of this harbor, of these fortifications, of the navy, dry dock and arsenal, and in command of the inland naviga tion, what could the people of California do without cannon or amunition, and without the means of procuring them ? How could they protect themselves ? Sir, they would have a choice of evils—starvation, surrender to for eign domination, or an exodus across the Si erras. lam no alarmist, nor do I desire to add one jot or title to the embarrassments un der which our beloved country >B now labor ing. Hut I believe I speak the words of so ber truth when I say that had the late Trent imbroglio not admitted of a peaceful solution, had thu views and convictions of many of my friends and associates on this floor been sus tained by a warlike answer to the demands of Great Britain, or a refusal to deliver up the persons of the Confederate embassadors, that to-dav, even as we sit here, the first blow would have been struck and the harbor of San Francisco sealed. Sir, I have said tlmt three evils would pre sent themselves to the people of California. I eannot bear to think of the deep disgrace and disaster to our country implied in the loss of its Pacific States, to think that my noble State may bo the appendage of a dis tant monarchy. I believe the only alterna tive would be accepted by my people—that they would flee from such disgrace; and if the time does ever come and finds us all un prepared, as now we are unprepared, to, meet the emergency, there will be witnessed an exodus from the Pacific coast which will be ever memorable in the history of nations—«nch aa emigrant train r.s never wended its war across this continent. It will travel eastward, and its course will Le marked for centuries to come by the whitened bones of thousands of men, women and children, wln.so last earthly cry was for Ircad. Flet ir.gfrouijawsragaiaat which they hnd no defense, from starvation atuid inhospitable mountains, they would fall nnd die in the wilderness. Would you bid theui submit} Sir, 1 know the gallant hearts of my |N<ople. 1 know that many thousands would contest inch bv inch with the invading foe—that tliev would fight and conqnor could they but be fed nnd l>e supplied with weap ons. \un need no standing aruiv in Califor nia. aside from small trained garrisone in the forts, if you can furnii-h its hardy sons with the mean* of war. Hnt these are not to book mined, I bey would be driven bark and starved out till they twrendei ed or fled, and Calif 'ri.ia be lo»t to tbe I'nioi). Think JW | a treaty would n*tore it I Ga make a tseaty . with the vulture! Ilut even if a treaty would restore it. would you deaerv » the adbeaiaa ft ! California when you left it a deflmerkw |wy Ito covetous enemies I No, air; once last, it ; U lust forever. Sir. I have said that ia tbe duty ef «k» i-tatesinaiiship to legists J* for tbe fat are an well on tbe priint. We eannot Kft the UsU which shrouds tbe evei.ts of anetk»c year, hat it ia oar dnty to use i'ae experience si tka < past ia determiuiug our coarse in ike ktvp. Axrrnn Franc.—Tke ashel OufM» , pa»ed a resolution that tkey «fl flgkt until ' ibey have l>«t tke last naa'mlfffNU tke butt Confederate band. What tkey wifl 4a ' then, the report dace not go oa to Stntfe— Tkey bang «ut a lilark fly at Fort Duarieaa, as apliilp- tkat fighting waa toko 4mm tWa I to the 'last man," hot when are got dona la ■ about twenty tkuuaand af tkat iaiiiiidtml. a «!"l of thein surrendered uaroeditiaaafly. and !ile-4>uUitee. took to tke wooda, eatnrhn tke -last mm" witbtliem.it ia aappiaif At any rate be waa not discovered iatkefcftr &imstm Cmmritr. I~V To tell if n girl ia amiable— tear krv dress in a ball-room I NO. 28.