Mr. McLEAN. Territory of Montana. In the House Remarks printed in Appendix May 4, 1866, On the bill (H. B. No. 202)to amendan not entitled "An act to provide a territorial government for the Territory of Montana, " approvedMay 26, 1864.) Mr. Speaker, while as a general rule, I hold it to be the wisest policy or a territorial Delegate to quietl work for the interests of his constituents without much speech making, yet I cannot allow this bill to pass the House unnoticed by me, and will therefore proceed briefly to state a few of my objections to the provisions contained in the 2nd section, which reads as follows: SEC. 2. Abife: That the actsof the socalledLegislative Assembly. electedwithout authority chew and in pursuanceof the reclamation of the acting Governor. which metand c on its session in the city of Virginia on th05th of TarchJBGfi, he, and the same are hereby, declared isapproverl, and null and void: and nomoneynow appropriated or which may hereafterbe nppropriated, yt o congre s of the U.S.for do ruying the exoases of the territorial government of Montana sha I ever be paid to any person clniinimz to have beenelected to the Council and HoRep of the Legislative Assembly of said Territory. For services as membersor officersthereofat thesessionbegunand held as aforesaid, or to defray the expenseincurred by saidLegislative Assemblyfor any purpose. As the bill went into the hands of the ComTerritor, it was riot liable the objections I am about to urge in its opposition, inasmuch as it simply asked Congress to pass an act for the reapportioning of the Territ of Montana, so that we might have that legislotion so necessary in all of the new Territo ries. It is reported to the House divested of all its original features and embodies a sentence of outlawry against the Legislative Assembly called into existence by the proclamation of the acting Governor, who supposed he was executing his legal duty, while eknew he was mrrying out the will of a great mayority of the people of the Territory. When I took my departure from Montana, late last fall, as the Delegate of its people, the presumption was, that through the wilful negligence or bad faith of the Governor who refused to sign the “reap portion ment bill” until it was too late for it to become a law, we would be compelled to ask Congress to pass an enabling not to freo us from the evils consequent upon his Willful neglect of duty. I introduced a bill for this purpose long since, but in the mean time the acting Governor, influenced by the pressure of circumstances, issued a proclamation calling together the Legislative ssembly. I am not now prepared to say that this proclamation was in all respects in conformity with law, though I must confess, that composed as the Legislative Assembly is of the best legal talent of the Territory, the necessity for the convening and action of this body must indeed have been great. But the committee has placed before us no evidence of the illegality of this election and those elected to pass such laws as were necessary to the we] bein of the geople of Montana. If evidence of this nature oes exist, the committee did not see fit to inform us of its existence. While I was led to believe that the bill, as originally drafted, would be offered without any serious alterations or additions, I will surely be permitted to express some astonishment at its being reported to the House in its present form. am aware of the fact that the wishes and feelings of Dele tea are not often consulted here; but as in this case, when a blow is struck at the best interests of my Territory, declaring their laws null and void, and denying our legislators the right of remuneration for their services, I suggest that before all this had been done, a sense of proriety and justice, both, would have demands that I should have been consulted in the premises. All who take any interest in Montana affairs must be aware of the great necessity for immediate and wise 10 sation. eretofore the laws as claimed by many, were not of sufficient orce or sufficiently car ried out to be of any positive benefit in dealing with crime in the Territory. The copsequence of this condition of affairs is that justice, instead of being administered through the ordinary channels, has been compelle to give way to the vigilante system of condemnation and execution. In our age and country it is a severe reflection on our people that such a state of things should exist, an this consideration, with the imperative necessity that demanded some wise local legislation concerning mining property, rendered it, in my estimation, almost a necessity on the part of the acting Governor to issue his proclamation calling together the legislative Assembly. nless evidence is produced of theille lity of this act, I must conclude that the Legisative Assembly acted properly and legally in convening under the reclamation, and that the seconsection of is bill rendering null and void their action and depriving them of. the pay their services demand, is entirely unnecessary, uncalled for, and an insult to my constituents. So firm am I in the belief that a great majority of the people of Montana favor the action of this Legislative Assembly, that I have no doubt they would almost unanimously electthe same gentlemen under this bill to the same positions. They know their own interests and should be the best judges of what is justly due them. Does any positive necessity exist for this hostile demonstration against the Legislative Assembly of Montana and the people who elected them to office? I thinli) not. Gentlemen should have and could have ascertained something concerning the action of this Legislative Assembly, and if found necessary for the public good, it could have received the sanction of law, even did ome trivial doubts exist regarding the validity of the action of the acting Governor. This is a course that kindness and good will would an prove that some little rega was due to our interests and feelings. You cannot injure the feelings of the honorable gentlemen who are eat, and would members of that body by refusin to pay them the miserable pittance allowed by law asa comensntion for their services. In Montana it is ardly sufficient to pay the necessary expenses of members, as distinguished visitors to that country would well know did not the hospitality of our people prevent even a reference to “Every Suite in t personal expenditure in such cases. The fact, then, of refusing them the usual legal compensation for their services will not causesuch men much sorrow, when in almost every in stance they perform their duties ata pecuniary sacrifice. he free hearted people of the territory of Montana will willingly take care of their legislators; provided, indeed, the same power that smites them through this amended ill does not exercise any unjust authority by refusing them the privilege of sustaining their own members. I have no doubt, from the experience I have lately had, of the desire and disosition of certain rties that even this kin of legislation would e considered wholesome and judicious when territorial men would be the sole suffer ers. In cases where an election is disputed on the floor of this House and we have had a little of that done this session with wonderful unanimity I believe it to be customary to allow some compensation to the unsuccessful party to defray the expenses of the contest. hen, in all fairness, is it right to deny the same privilege to the members and officers of the legislative Assembly at Montana? But I do not for a moment conceive that a spirit of kindness had anything to do with the o jectionable feat ures of this bill. And I am lad to be able to state here that all the memers of the ComTerritor, not being consulted, were not aware of the changes made in this bill until it was offered in the House. The spirit in which this was done does not evince any very great degree of solicitude for the welfare of our people. No doubt Congress has the power to inflict on the Territories this quality of legislation; but in its exercise I won d beg of them to be carefully considerate of the course they pursue. Kindness and forbearance in the exercise of these privileges will be attended with considerations more agreeable to the feelings of gentlemen on this floor, while it will tend in the Territories to keep alive a feeling of satisfaction and love for our institutions. Harsh and unjust legislation in connection with our Territories is as unwise as it is unnecessary. Living for oil", in the West and Northwest, we feel, after we have suffered in prospectin and developing the country that is now, an in a renter degree will continue to be, of so much importance to the nation, as if we were entitled to some little consideration at the hands of Congress. Notwithstanding the American doctrine that taxation should 0 hand in hand with representation, we are a ready causing money to flow into the national Treasury in renter abun dance, according to our population, than any State of the Union. Our representation, in a practical point of view, is of a very limited nature, while you manage the taxation in the Territories on a scale of grandeur and magnificence heretofore unprecedented. It is hardly necessary for me to point to the treatment the House bestowed on the Delegate from Utah as a sample of the glorious rights and privileges we enjoy on the cor of this House. This, too, was when the Gentile jaws of the virgin State of Nevada were closing down on a goodly 01tion of the saintly inheritance a time 0 all others when the Delegate should be allowed a sufficient length of time to protest. against the dismemberment of his Territory. I do not here pretend to form any conclusion regardin the justice or injustice of this act, further than to strenuously object to a little State eating up a big Territory in the presence of an admiring House and a gagged elegate who was obliged to witness this huge feat of gastronomy in almost dead silence. The territories were peopled by your constituents from c Union, and many of them have wives and children who remain your constituents still. We are also American citizens, and glory as much in the success and greatness of the nation as any other citizens of the States forming this Union. Should you view us in the light of children, unable to take care of our selves, then do not impose too heavy a burden on our young shoulders; but if you look upon us as men we ask at your hands manly treat ment. I speak at least for my own Territory in saying that we are almost unanimous in the belief that much congressional territorial legislation will be of no benefit to the General Government and very injuriousto us. We are willing to pay our just dues to Government, and we rejoice that we are enabled to bear approper proportion of the heavy burden imposed on the nation by the late war. If gentlemen would only take into consideration where we are, what we are, and what we must necessarily become, I believe they would at least try to prevent this harsh and hasty legislation to our prejudice. We do claim to know our, own wants, and when it cannot possibly prejudice the interests of the nation, we would solicit the privilege of attending to our own uffairs in our own way. The prejudice arising from political bias should not be allowed to operate against us while we remain in a territorial capacity. If we are to be treated as wards in this great national court of chancery, we would respect fully petition the nation to allow as sufficient of our own funds to live upon until our estate: are settled. With the British Columbia border almost under 0ur feet and serving as the bound ary line of our Territory; with all its rich placers, and a knowledge of the liberality of the owners, it might be well for this cones! to ask itself the question whether uch bil s of outlawry might not have the effect of compel ling citizens of the U.S. to seek quiet homes in the country of an ancient enemy. Does it not sound strange that a nation inst whom we successfully rebelled throng her oppression should at this day offer in her own possessions to the descendants of the same “revolutionary rebels” a home where they can enjoy more liberty with less taxation than in their own country? Yet this is the simple truth. Do not by unwise and op ressive legislation drive us over the border, while our love of countrywould actuate us to stand upon its outer edge a living wall of strength in the defense of our land.