The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-09-03

guarity and these to be mined by other tribunals
and that too by Hitting the veil Of motive and prysng
into its hidden springs II the principle Of such
sight and control conceded 1t would be an alarming
abuse upon comparatively Insignificant point as
the place of your deliberations their whole efficacy
should rest. However much it may seem to comport
with the importance Of legislative councils TO be sur
rounded with the eoveniences and comforts OF tasteful
and expensive buildings, reared by the munfcence of
government and have these located in the midst Of
refined and intelligent population, these are after an
the least Of their usefulness The prma
ry purpose of your being Is to promote by the wsdcm
rounded by the appendages Of progal and preuse
expenditures, legsating under the genial shade of
Of natures forest monarchs whether In the centre
luxury and population in the stiffness Of solitude
unbroken by the voice of patriotic earnestness in
aPce IL With the .aptaon Of your
sures to the interests intrustcd to your keeping.
hpesiilence, therefore, shall invade the halls no6y
ties, we Why you should not, M did
the Parliament of Great Britain to shun the desoation
of the plague, leave Westminster, where, "since the
days of the Planagenots, the houses had constantly
sat-" but great why you should abandon these
called TO- to assemble in the where conyenlences
not to be had for the advancement OF your efforts,
it is certainly less true that you may and ought,
the congress Of the revolution adjourned, indig
nantly, from Philadelphia to Princeton, New Jersey,
about the close Of thagreat struggle to adjourn to such
II would be aithessness to the high trust assumed to
dssipate the time and energy so necessary in limited
session, in combating and overcoming Inconvenience
instead of seeking place where conveniences being
vided these may devoted to the legitimate objects Of
would present lasnentabe example of the truth Of the
old legal maxim On 4"e.t n era haera IN oorties-
who sticks to the letter sticks to the bark-an idea
not dissmar from that expressed Gin grasping ut the
shadow and losing the substance" in strainng at
gnat and swallowing a camel"
If left to SEEK general principles response to your
question: should feel hesitation in resting the JUS
ing to our further support the long established maxim
de nntmus c,,ydt er-" the law disregards trheD
should feel that position to be i%pregnabe i Is due to
from these suggestions to suppose that we regard the
establishment Of seats of government amatter Of in
nance with the highest appreciation of the advantages
and necessity of such establishment Suffice this to.
guard against msapprehension without departing from
the line of argument to illustrate the Importance of
fixed places for governmental purposes and the propre
ty general Of their performing legislative functions
We are not however, confined TO general principles,
but may with confidence turn to the provisions OF the
organic act Of 1854 CHI So the Of 1885, e7
question Of right to locate temporarily the seat Of
ga% of the Territory rite As we p, to 40
"the legislative power of the Territory shall extend
all rightul subjects Of legislation consistent with the
constitution of the United States and the provisions Of
this act.' Some limitations follow, but do not affect
| the question under review.
would exist but that under the 24th the Legislative As
semby would have clear right to designate the seat Of
Of dou be
that clause of the 22d section which provdG that the
persons thus elected to the Legislative Assembly shall
meet at such place and on such day the Governor
shall appoint but thereafter the tme place and
shall be prescribed by law well the day Of the
Of the regular sessions Of the Legislative
| Assembly.
For the sake of simplicity cearness the oath
tion will be examined first in connection with the 3lst,
also with the appropriations Of section of CHI 267,
1854 and Of 1855 and afterwards in connection with the
22d section Of the original act.
The language Of the oath section has been already
THAT the seat Of Of said Territory hereby
located temporarily at Fort Leavenworth, and that such
portion Of the public buildings as may not be actually
| eed nd mil ita~y
used the direction Of the Governor and Lgs
lsve Assembly, for such public purposes as may be re-
| quired under the provisions Of this act"
In the construction of this section it must be obviou,
that the Of the word temporarily must demand
particular attention. This would be true II to be
srued independently of any othcr it is much more
when to be construed along with others, and when a
# omitted or if substituted by the word 'permancnt-
y" an entirely different phase would be given to the
was it insertedY This question will be answered BY
the solution of anoher:Dd Congress intend to desg
in the premises permauent one should be established
another temporary one pointed out or was II the pur
provide for exgnces that might arise before the session
Of the legislative Assembly leaving 1t to that body as
bages unless restrained BY direct prohibition either to
continue there after its convocation IL convenient to the
public interest or to designate some Other since II had
this question: 1t has seemed to us there should be no
hesitation in making reply The very term used a..
exists to alter and change Where rests that ,wer
in the absence of prohibition, not in the body to
assemble legislative purposes In the Territory and
having intrused to 1t the great Of preserving
and advancing the welfare Of repidy populatng coun-
try-a body which, far beyond Congress has the
ojudgng where best for the attainment Of these ends
they shall hold their sessions.
Not only elementary writer's but judicial cxpounders
Of the law have uniformly regarded the object to be at
tanned by legislative act as all important TO aid In its
But here not only is there prohibition, but dis
tnc authority in the language OF the oath section to
lp0is ont suh
This can only be denied BY asserting .s con on
cation Of the seat Of government Is not a
} ''rightfu subject of legislation" We say con-
trary to precedent and principle because both have been
thorty in this country and from 1890 this day
guessed BY the highest judici. well executive
reference the act Of Congress Of 1890 CHI 2s, and
to the history of the country from that period to this
settles, think, this proposition beyond controversy
In appealing TO the history OF the times the
thority Of the judicial tribunal already quoted e How
ard In asking the sanction Of the acquiesccnce Of
the departments itwould purely super
fuous to cite authority when II is remembered that th,
is the very foundation Of that large system known as the
common law.
The $780, by its 9Th section locates the seat Of
government at Philadelphia until the LIST day of Decem-
Gates it permanently at the city OF Washington
nomine but at the dtric. and place Aforesaid, which
by the first section described district of territory
not exceeding ten miles square to be located here
after directed the river Potomso district since and
now known the District of Columbia aud the particu
lar place since and now the city OF Washington 1t is
confirmation of this view, rather than objection that
the constitution of the United States art l.
fors the right of exclusive Legislation over such dis
tric &c. as may by cession Of particular States and the
acceptance Of Congress- become the scat of government Of
the United Stacsn &C. because 1t will be observed that
the grant Of power here is TO exercise Legislation" and
really by the phraseology used merely aoknowledged as
a legitimate exercise Of indispensable power (Sec
story's Commentaries upon this section book 3 section
l,Hi)
Assuming then, that the location of seat OF govern
ment temporarily permanently, Is rghtfu suAie
OF legislation" the argument becomes conclusive that the
true exposition Of this seceion pie authority for
such exercise OF power that in question while TIE
use of the word temporarily in the 1st section leaves
the question entirely foee from the of
/ supposed prohibition.
Were 1t possible, bsvever, that these views fall short
81 concluding the question, II is only needul to pursue
the legislation Of Congress step further dis
cover most distinct exposition by that bsdy OF It's
Interpretation II the subject.
HI .,ar - al