The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-10-07

supreme court Of the Territory Kansas upon the right
OF the legislative assembly TO locate temporarily the seat
of government and upon the validity OF their acts OF
Legislation at such place given in reply to resolution Of
the legislative assembly
10 he Honorable he council and house Of representatives. q
he Territory o. Kansas
Your communication through the medium OF the attor-
ney of the Und States for the Territory, was handed 70
the supreme court its session the Both u and be-
ing taken into consideration II was Determined ny ma
ority OF the court to reply TO much thereof as presents
the question OF your authority TO enact the Dill provahg
for the temporary session of this assembly at the shawnee
Manual Labor School and the further one whether ,he
adjournment Of this assembly this place in pursuance OF
such act legal pin other words the vital INQUIRY
whether You are a constitutional legislative assembly
The questions presented for our consideration are,
whether the act Of the legislative assembly declaring the
Shawnee Manual Labor School the temporary seat OF gov
eminent is valid And whether your legislation al the
aforementioned place is legal
They might be treated together, really presenting the
solitary inquiry whether your honorable body has constr
tuona existence But the latter branch OF the inquiry
demands brief consideration distinct from the other.
II may be remarked in reference to it. that its favorable
solution may be shown, whatever might be the reply 10
the former, unesswhich is by means certain Propo-
sition-no legislation be obligatory promulged else
where than at the seat OF government
Indeed the contrary shown to be the recognised rule
and as such both been acted upon in the absence OF
express authority and has, in the constitutions or the
Sates-cerainy in some, and perhaps generally
recognised
The removal of Congress from Philadelphia TO Iancas-
ter in I777 upon the temporary of the American
arms in New jersey is illustration Of the former while
Maryland is demonstration Of the latter
Ne but too apt to confound inherent principles with
either constitutional legislative requirements II Is usual
10 limit by positive enactment the exercise oil the functions
OF the departments OF TO the seat OF govern
ment-a policy not only not questionable, but clearly
laudabe and wise So too the residence OF the chief
ecutye officer most commonly required to be there yet
it is universally In Delaware for example, and IN
Alabama such is not the The act creating this Ter
ritory does require this of the governor all that
does is TO of him "reside within said Territory
Nor does it contain prohibition to legislae elsewhere
than at the seat of government Upon this point il is
tirey silent
You are judges of the propriety and regularity Of the
mode OF performing duty The object OF your exist
ence is the highest known to enlightened communities
the enactment of laws to govern the intercourse OF society
and 10 coutro the action OF its individual members ii
would be suspend the most oyertowerng interests upon
trivial considerations if the vitality of your acts should
be dependent upon points Of regularity and these TO
be determined by othSs tribunals and that too, by lifting
the veil Of motive and pryng into its hidden springs u
The principle OF such oversight and control were
ceed it would be alarming abuse if upon compare
lively insignificant point the place of your debera-
TONS their whole efficacy should rest However much
may comport with the importance of legislative
councils to be surrounded with the convenences and
forts Of tasteful and expensive buildings reared by the
ncencc of government and to have these located in the
midst of refined and intelligent population, these
after ALL the least of the elements of their usefulness The
primary purpose of your being is to promote by the wis
dom of your councils the public welfare and, whether
surrounded by the appendages Of prodga and pro-
fuse expenditures egsang under the genial shade of
Natures forest Observation-Disclosures in the centre
luxury and population in the stiffness solitude
broken by the voice of patriotic support
of needful awss but of the utmost nsign6cance in
parson with the adaptation of your to the inter-
ess intrusted to your keeping.
If pesnence, therefore, shall invade tho halls noby
wrought to correspond with the magnitude of your du
ties, why you should not did the
Parliament Of Great Britain shun the desoation of the
plague leave Westminster, where 'snce the days of the
Pantagenes the houses had constantly sat-" but great
why you should abandon these need be- for the
solitude TO perform your abors and if called to assemble
in the solitude where convenences not to be had for
the advancement of your efforts ii is certainly less
that may and ought the Congress Of the revolution
adjourned, indignantly, from Philadelphia to Princeton,
New Jersey about the close Of that great struggle to ad
journ TO such other place Will furnish these.
II would be taithessness to the high trust assumed to
dsspate the time and energy necessary in limited
session in combating and overcoming Inconvenience in
stead OF seeking place where conveniences being pro-
yded these may be devoted to the legitimate objects Of
your organization. The first alternative if adopted would
present amenabe example of the truth Of the old legal
lnaxim Qu haera an ierd haeret corticcwho sticks to
the letter sticks to the bakan idea not dssinar from
that expressed in graspng the shadow and losing the
substance in "strainng at a gnat and swallowing a
camel
II left to seek in general principles response your
question: should feel hesitation in resting the us
cation of your position upon these views and invoking
our further support the longestablished MAXIM de
mus 1"the law disregards trifes-should feel
that position TO be impregnable It is due to ourselves TO
add that would be unjust inference from these sg
gesions to suppose that regard the establishment of
seats OF government matter of indifference On the
contrary, they in entire with the highest
appreciation of the advantages and necessity of such
tabishmen Suffice this to guard against misapprehen
sion without departing from the line Of argument to
illustrate the importance of fixed places for governmental
purposes aud the propriey in general Of there perform
ing legislative functions
We not however, confined to general principles but
may with confidence turn to the provisions of the organic
act Of 1854 ch 49, the act of 1856 CHI 26 g. and the
further act of 1855 CHI 6 in discussing the question Of
your right to locate temporarily the seat Of government
OF the Territory, propose to do.
The Gath section of the firstnamed net declares that
the legislative power of the Territory shall extend to oil
rghtfu subjects of legislation consistent with the cons
tuition of the United States and the provisions Of this act
Some limitations follow, but do not affect the question
der review.
1t is supposed that but for the 3Ist section doubt
would exist but that under the oath the Legislative
bly, would have clear right to designate the seat of gov
ernmen either temporarily permanently that any
ground Of doubt could be found II would be in that clause
of the I'D section which provides that he persons thus
elected TO the legislative assembly shall meet such place
and such day the governor shall appoint but there
ing all elections by the people sha be prescribed by law
as well as the day of the commencement of the regular
sessions of the legislative assembly,
For the sake of simplicity and clearness the Gath section
will be examined FIRST in connection with the 3Is also
with the appropriations dissection Of CHI 267 1854 and of
1855 CHI 1871 and afterwards in connexon with the ed
ton OF the original act.
The language Of the oath section has been already quoted
that OF the 3lst is in the following words: "Tat the seat
OF government of said Territory Is hereby located tempo
Tary at Fort Leavcnwort and that such portion of the
public buildings may not be actually nsed and needed
for military purposes may be occupied and used, under
such public purposes may be required under the prois
ions Of this actn -ta