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

reason mat Congress did not intend thsee sums any
rorpon OF them 10 be expended for temporary bungs
The plain conclusion from this OF the act Is that
congress, entertaining doubt Of the right OF the H
gis'aive Assembly TO locate permanently tine seat OF
eminent, thus expOunds its understanding Oh iS
previous enaetmenis Ia part nadTiG while the iurther
inevitable Inference follows that the inferior right 70
locate the seat of government temporarily resides IN me
body. For authority this argument see G,
p'se; oB&C, ?: 40, and 81 Howard, 500 +. o, .now0
foE support 81 the concluding inference ne wen & e
recognized both applicable and sufficient see 9TH
Wheat, p :ol, and 14h vol Eass Report-the famous
Of Sir Francis Burdett the Speaker Of the House
OF Commons. "What is clearly implied by statate ~
much part of 1t as If expressed in words
The sh section Of the article of constitution Of
the United States, and the subsequent action OF Con-
gress under it. to which reference has been already maze
for another purpose are even more orcble in connrma
ton Of these reflections the construction then given
it be correct, sustained have shown it to be- by
high authority that the right locate seat Of govern
ment is assumed and not granted by its language, no
further doubt exist Of the existence of a similar
power your case Of the truth the construction
given by to the acts and sections quoted 1t be not
the true construction but is to be regarded as grant OF
power, and the grant under which Congress subse
influential in defence Of the inferenti power TO locate
the seat Of government temporarily, which we have
the power to do what Congress by the 9TH section of this
statute cid, to wt:-Iocae, from that period to 1900
the seat Of government at Philadelphia Not certainly
under the constitutional grant for that speaks OF only
such district by cession of particular states and
the acceptance Of Congress- the seat Of
occurred reference to the District Of Columbia aud the
city of Washington but never by my transaction In re-
gard to the city of Philadelphia. Hence the location
thereof the last named place, assuming 1t to have been
by authority at all by following necessarily from
the greater authority claimed by virtue Of TIE constitution
Protaced as this opinion has already become there
still another aspect which the subject must be viewed
objection to these may be supposed to be
found in the clause OF 22d section heretofore quoted
the persons thus elected shall assemble" &c.
The point OF objection scarcely be the first branch
of the clause which says that they shall assemble at
such place and on such day the Governor shall
appoint"
There wo views in which this part Of the section
may be presented neither Of which would affect the right
fitness of your acting, however might produce ques
ton of the legality of the call, as to "pace," under
which you assembled.
1he first is whether the authority designate the
place not subseryient to the 3ls establishing
temporarily, the seat of government Of Fort Leaven-
worth; and if SO, whether its true construction would
have been that IL meant particular place at that
fort and not any place outside of that Assuming that
no subsequent legislation Of Congress had repealed the
31s sec conceding what is distinctly implied in the
objections your ac-hat the only place for legislation
is the of construction would follow
irresstiby because it would be the only construction
ect cooperate. That in the construction Of statutes TINS
rule prevails universally is too well settled to be conro
verified. Har. John, p 70.
No particular stress intended to be laid upon this
view, as it does not relate TO your action.
The other of it is that it has been perfectly graft
fed by your assembling the time and place pointed out
by the proclamation OF the Governor without question OF
the right to call you together there and then TO con
it not only to meet but there to remains only be
successfully done by nterpoating words which the wis
dom Of Congress did not fit to insert 1t would be
but to press to little greater extreme, without differ
in the principle, the severity Of this claim it
no tight to adjourn until your session finally closed,
there being recognition by any Language there iound
Whatever argument entitled to particular consider
alton is derived from this section in derogaon OF your
action, must be sought for not in this language which,
srt
succeeding words" the day of the of the
regular sessions of the Legislative Assembly shall be
imposing injunction, or as vesting an authority II
the former inference unavorabe to the afrmance OF
your act be drawn They would but mean to impose
duty what would otherwise have been left to your
discretion and to require you to fix the period of
mencemcnt of future sessions instead of leaving this to
the Governor Congress had dOne for convenience as
to the first session.
Suppose the meaning to be delegation of power,
argument might be presented not totally destitute OF
scbance Of force in the absence Of other provision
touching the legislative authority of the Territory, an
illustrative Of the intention Of Congress.
would derive this force from principle which has
cludes general grants of powerone, however, by
conceded, but while maintained with earnest
ness by some, is denied with conscience 10y Others among
the latter of whom Is promnentone Of the most disn
guishcd uists of this country and the OF the most
famed of any ether Story's Conn., B. 8, sec. 8l2.
1t is not necessary that should deny it. Its recog
milton would not initiate against our views, since its
most UNQUALIFIED concession would be restricted by an
admitted qualification that It Is only operative in the alb
Of anything to show different intention, as well
by rule already anuounced-that rule is, that oil
matter, must be considered together and construed %
to give to every part il practicable its effect To
to de- anything Seyona he q the
your future regular sessions would be without authority
Of the principle ITSELF because it would be to Disregard
alike the oath confirming legislative power, Is well
the act Of 1885, l6 1t would be first to adopt ques
onable principle, and then to claim its service under
circumstances in which it Is totally inapplicable
i another
part of "a of the organic act to show that the want
Of concurrence the Governor presents objection
the efficacy of the acts Of the Legislative Assembly, two
thirds of the members Of each OF its constituent bodies
concurring therein. s. d. LECOMPTE,
fully in the foregoing opinion, and refrain
| from saying word on subject so well discussed.
A. J. lSAACKS.
KANSAS BACKING OUT.
The following is the bill introduced by Dr. stringelow
in the Ksnsas Legislature providing for convention 70
| form State constitution
Section l. There shall be election held the day
the election Of the Congressional delegates to witt First
Monday In October 1885 four delegates convention
| TO form State constitution.
Sec 2 It shall be the duty judges of election at the
several election precincts to cause poll to be opened
with two columns-one beaded Convent ~ and the
other, "No Convention" and the vote OF each voter
shal be set in the appropriate column.
Sec The judges shall make returns Of the votes for
and against convention, and for the different persons
voted for members Of said convention in the
manner as is required by law in other elections.
Sec. II, upon summing up all the votes poled ma
jority shall appear for the convention" then tho per-
who shall be elected is provided by law in other
elections, shall the first Monday in December, 1855,
meet and assemble at the town Of Lecompton in general
convention and shall have power to form constitution
! for this Territory.
Sec g. The convention shall be the Judge of It's pi-
veges and elections, and the members thereof 4al have
the same privileges and pay OF members OF the lega-
| ture
Fec In Of contested elections 10 the convention
the contendng candidates shall pursue the course
and be governed by the rules prescribed
by law in contested elections 10 the legislature OF this
Territory.
Sec T. If vacancy in the convention, the
shall he filled in the nanner prescribed by Inv
for filling vacancies in the legislative Assembly.
Fec 8. The constitution formed by the convention shall
be deposited In the Office Of the Secretary Of the Terri
tory, andit shall be published.
Sec AT the general election, In 1856 the several
election pecncs, in this Territory, the judges of cleo
on shall two columns TO be opened headed one
For the Constitution" and the other the Con-
itution," and the vote of each 10
the appropriate column, and certify the votes given
the clerks Of the several County Courts who shall certify